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abemorgantis
06-03-2007, 07:06 AM
Let's move the discussion of Marie Pacha's PA saga to its own thread instead of using the PAMB and its quotes thread.

Sparhawk
06-23-2007, 03:16 AM
Maria,

I wish you all the best. Give 'em Hell and take no prisoners.

stormie
06-23-2007, 04:11 AM
Oh geez, I missed something else again?!

Jersey Chick
06-23-2007, 04:48 AM
Good luck! I"m keeping my fingers crossed.

just in case :)

Dancre
06-25-2007, 07:16 AM
You are one gutsy lady, Marie. I wish you the best of luck. Let us know what happens.

kim

stormie
06-25-2007, 05:15 PM
Okay, now I think I get what's going on. I wish you all the best! Go get 'em!

Sparhawk
06-25-2007, 06:12 PM
I wonder if Vic downs Rolaids like Lifesavers candy?? Man I'd hate to be the stuckee having to actually DEFEND Publish America and it's busiiness practices.

Maybe Vic will have a new dictionary this time.

JimmyD1318
06-25-2007, 07:17 PM
Good Luck, Maria! I'll be waiting to see how this turns out! In the meantime...I'll have the popcorn ready for you! If I don't eat it all myself that is!:popcorn:

Dave.C.Robinson
06-25-2007, 08:55 PM
Go Marie, go-- we are all pulling for you.

Bo Sullivan
06-25-2007, 09:43 PM
Marie,

I hope the Arbitration hearing goes well and that you win. Armed with the evidence you have, I am sure you will win.

Barbara

Glenda
06-26-2007, 05:36 AM
Marie, What can I say that hasn't already been said. Go get em, best of luck to you.

Richard White
06-26-2007, 05:42 AM
Marie,

Let me know when your hearing is going to be. I'm about 30 minutes from Frederick, MD and although I don't spend much time in that specific town, I'd be happy to help out any way I can.

BarbJ
06-27-2007, 12:51 AM
Lead the way, Marie. I hope many more will follow. All the best.

PA: :wag:

JennaGlatzer
06-27-2007, 01:32 AM
Nice going, Marie! I'm sorry I haven't been on this part of the board in quite a while, but please do let me know if there's anything I can do to help. I know quite a number of people who have proof of books sold and never included on their royalty statements, and cases in which PA continued selling books after the contracts were canceled.

ByGrace
07-03-2007, 03:35 PM
It be great to have the Frederick News Post follow the trial, or publish an article when it's over.

DaveKuzminski
07-03-2007, 06:51 PM
RIght now, for the news to really get interested, PublishAmerica would have to take advantage of a war hero or print the blueprints for how to stalk young children.

James D. Macdonald
07-03-2007, 07:19 PM
When it's over don't forget to send out a press release.

Sparhawk
07-10-2007, 04:15 PM
Slightly less than two hours to the preliminary (phone conference) hearing.

I am ready.

Marie, we are all pulling for you. I wish you all the best. You have the truth on your side.

-Greg B

LloydBrown
07-10-2007, 04:43 PM
My fingers and toes are crossed! Go get 'em.

JulieB
07-10-2007, 05:13 PM
Sending good vibes your way!

James D. Macdonald
07-10-2007, 05:35 PM
Make their heads explode.

Tilly
07-10-2007, 07:09 PM
Wow.

I hope when the hearing is held, it goes well for you. :)

Sparhawk
07-10-2007, 07:51 PM
Just a question: I signed my contracts, as did representatives of Publish America in which they agreed to follow the rules of the American Arbitration Association. Is Vic's inability (while acting as the their representative) to follow those rules an additional breach of contract?

Vic seems amazingly incompetent. He was unprepared for Phil Dolan's arbitration as well. Perhaps Vic is the only attorney WILLING to associate with Publish America. I think it's interesting that they (PA) are actually trolling the boards pulling your quotes. Keep the fire on and make Vic squirm.

Dave.C.Robinson
07-10-2007, 08:02 PM
Good luck with it-- and I'm glad Vic seems to have his pants down. Half the battle is coming across professionally when your opponent doesn't.

brianm
07-10-2007, 08:14 PM
Just a question: I signed my contracts, as did representatives of Publish America in which they agreed to follow the rules of the American Arbitration Association. Is Vic's inability (while acting as the their representative) to follow those rules an additional breach of contract?

NO, but it won't bode well with the arbitrator.

Miranda is slithering about in AW at the moment. Having a good read, Miranda? Tell your attorney to quit stalling. The end result will be the same. The more he stalls the more this case will be talked about. Which, funny enough, is a good thing. More manuscripts saved from the destructive jaws of PA.

James D. Macdonald
07-10-2007, 08:23 PM
I'm just thinking -- that if someone told Porno Guy that his books would actually be in bookstores (on the 18th of August, if memory serves), that his arbitration will be open-and-shut. He'll be able to finance his next movie out of the award from PA.

Porno Guy doesn't seem to be the only one recently who thinks that they have a Bookstore Release Date when their books will actually be hitting the shelves.

Fun times for the future for Vic.

BarbJ
07-10-2007, 08:27 PM
"The more he stalls the more this case will be talked about. Which, funny enough, is a good thing. More manuscripts saved from the destructive jaws of PA."

Keep stalling, Vic! :tongue

Maria, you're doing great! Thank you.

Sparhawk
07-10-2007, 08:29 PM
1..2...3.. Let's all say hi to Vic and Moe... HI VIIIIIC, HI MOOEEEE !!!! Just how low can PA go?

Sparhawk
07-10-2007, 10:12 PM
Where did Vic get his law degree? I may have to do some checking. I can't beleive that a lawyer worth his salt would come off so bad or so ill prepared. I beleive he's being deliberatly obtuse in his preparations hoping to delay and procrastinate as much as possible. In the end he knows he's got a losing case. If I were in his shoes I'd be doing the same thing Vic is; stall.

DaveKuzminski
07-10-2007, 11:28 PM
Seems to me ole Vic is demonstrating why he's no longer with his former firm. I guess socializing only goes so far, doesn't it, Vic? Somewhere along the line you actually have to produce. ;)

Bubastes
07-10-2007, 11:57 PM
Where did Vic get his law degree? I may have to do some checking. I can't beleive that a lawyer worth his salt would come off so bad or so ill prepared. I beleive he's being deliberatly obtuse in his preparations hoping to delay and procrastinate as much as possible. In the end he knows he's got a losing case. If I were in his shoes I'd be doing the same thing Vic is; stall.

Here's a link (slightly outdated) to his bio.

http://www.lawyers.com/Maryland/Frederick/Victor-E.-Cretella-632507-a.html

Eh, bad and ill-prepared lawyers are pretty common. Sometimes it's hard to distinguish between hardball lawyering tactics and plain stupidity, probably because they're often the same thing.

James D. Macdonald
07-11-2007, 12:05 AM
Here's a link (slightly outdated) to his bio.

Wow. It says that he's an adjunct writing professor at the University of Baltimore (http://law.ubalt.edu/). I wonder if his students know about his connection with PublishAmerica?

Bubastes
07-11-2007, 12:10 AM
Wow. It says that he's an adjunct writing professor at the University of Baltimore (http://law.ubalt.edu/). I wonder if his students know about his connection with PublishAmerica?

Hmmm, I checked the faculty directory (both regular and adjunct, just to be sure) and didn't see his name on there.

Sparhawk
07-11-2007, 10:02 PM
Small update:

Although the actual hearing date will now be slightly delayed while the arbitrator attends to some personal business he is going to let Mr. Cretella request some of my evidence.

I hope Vic doesn't nickel and dime his way into continual postponments. He's already been awarded with getting evidence beforehand, which gives him additional time to mount some kind of counterargument. If I were you I'd see if I could avoid giving Vic anything outside the rules of binding arbitration. I beleive you said two or five days in one of your earlier posts. Vic just bought himself two weeks (give or take) to review whatever you've agreed to send him.

I wouldn't provide him with squat; he's not entitled to it. I wouldn't trust Vic for a second. Anyting he can get, he'll use it against you.

Still, I hope you nail those weasels.

BarbJ
07-12-2007, 01:05 AM
"Although the actual hearing date will now be slightly delayed while the arbitrator attends to some personal business he is going to let Mr. Cretella request some of my evidence. I'll supply everything I am instructed to."

Yeah, discovery is the common practise with court cases, so I guess it applies to arbitration also. Just don't let them have a scrap or word more than legally requested - but it sounds as though you have hold on that one. I suspect you may have to request PA's records repeatedly, but you get 'em, girl.

Whatever you do, do not talk to Vic or buddies directly; always go through the arbitrator. I've worked with some shifty lawyers. At this point you do not deal with them, only with the arbitrator. Some tricks may be tried with the requests you made; be prepared.

Actually, you do sound as though you have it all together. You know we're rooting for you. Boo, hiss, snarl to PA! Defrauder, destroyer, smasher of dreams! (I should shut up now. I'm probably feeding egos.)

Good luck.

Sparhawk
07-12-2007, 04:40 PM
=Marie Pacha;1467197

There's a lot that PA and Mr. Cretella don't know about me: That I worked in the record's office of a maximum security prison, have over 5 years experience at skip tracing, have written articles for a newspaper before (albeit a small one), and have about 17 years experience working in offices and customer service positions. The last was as an office manager.

I know how an office SHOULD be run. I know how to research, and I know how to find relatively obscure facts. And I know how to present them in a concise and cohesive fashion. AND I know the truth.


... They know now. I'm sure they're groaning about another impending loss. You're probably going to make Willem want to stay in S. America.

James D. Macdonald
07-12-2007, 11:04 PM
If the arbitration goes really well you might be the new owner of a townhouse in Frederick....

Dave.C.Robinson
07-12-2007, 11:08 PM
I passed through Frederick not too long ago (didn't stop) and it looks like a nice enough town.

Dave.C.Robinson
07-13-2007, 01:13 AM
If I were you, I'd seriously consider increasing the damages if he wants to shift it from expedited to regular arbitration. The additional time is a cost to you and benefit to him. If he wants it let him pay for it.

DaveKuzminski
07-13-2007, 03:07 AM
Vic has already shown he has no intention of following the rules and is making this extend past what is considered expedited. Go for the greater award. PA and Vic should be taught that they can't run roughshod over everyone.

DaveKuzminski
07-13-2007, 03:46 AM
It's not a matter of greed. It's a matter of making the award to you, punishment to PA, fit the scope of their misdeeds. That's one of the reasons why there are punishments meted out by courts and arbitration. It's not just to make whole the injured party. It's also to deter the violators from continuing their misbehavior.

My feeling is the sooner PA hits the big leagues in punishments, the sooner they'll change their ways or leave the publishing business.

JulieB
07-13-2007, 03:58 AM
Marie, your honesty is refreshing. (I was once on the wrong end of a suit that came out of a fender-bender. Fortunately I had enough evidence to show that it was very unlikely that the other party could have sustained the injuries claimed and everything got dropped. Some people are in it for the money.)

This is just my own opinion, but if one party drags out an arbitration (or a suit) for no apparent reason, then I believe the arbitrator (or judge or jury) would be justified in either awarding extra compensation to the other party - or reducing the amount of the award, depending on who does the foot-dragging.

Just my $.02 worth. And at today's inflation... ;-)

Sheryl Nantus
07-13-2007, 04:03 AM
I would ask for as much as is reasonable under the circumstances.

I would also, however, point out that while *you* are playing by the rules that PA's lawyer is *NOT* and that's not really nice.

That alone might get you a few extra bucks.

:D

Dave.C.Robinson
07-13-2007, 04:16 AM
I said it before and I'll say it again. I understand that you set your damages where you did because that's what you feel is appropriate.

Having said that, you admitted to low-balling some damages to stay under the expedited arbitration damage cap. If Vic and company want to deny you the benefits of expedited arbitration you should consider that damageable and ask for damages accordingly. Play hardball.

That's all we're saying. Don't let them have their way without cost if they don't deserve it.

JulieB
07-13-2007, 07:45 AM
It sounds like you've done a lot of work, and I do wish you all the best.

Sparhawk
07-13-2007, 09:40 PM
It's nearly noon in Maryland, and as of yet I do not have the list ordered by the Arbitrator from Mr. Cretella.

The Order does not state that the list be sent today; it states that it be "provided...on or before July 13, 2007. The clock is ticking.

Vic will not send it, that's just his way. He'll do it just to piss you off. He seem like an arrogrant #^#_$@! If he misses the deadline let the arbitrator know... it'll be just one more thing that 'Cretella the Cretin' failed to do.

I think I had mentioned about NOT talking about the case on the web because it would only give Vic stuff to use against you. I hope I;m wrong. I just figured why make PA's life any easier. I still think you'll kick his butt and I wish I were there to buy you lunch and a drink afterward.

James D. Macdonald
07-13-2007, 10:18 PM
Maybe he mailed it?

Old Hack
07-13-2007, 10:25 PM
I was taken to the small claims court here in the UK last year. The claimant didn't read the instructions properly, I suspect, as we were both instructed to get our evidence to the Court and to all other parties 14 days before the court date, and although I got mine in in time, I received nothing from him. I wrote to the Court and told them, and copied the letter to him; two days later, got a letter from him to the Court asking for an extension to the deadline as he'd lost his files while moving offices (he worked from home, so must have had a very cluttered hallway). The Court refused, and when the date arrived, the claimant failed to appear. As he'd also failed to present any evidence against me, all claims against me were dismissed. (Which was just as well, as I'd done nothign wrong, but still....)

I just hope you get the same result as I did, Marie.

James D. Macdonald
07-13-2007, 10:44 PM
So if he emailed it at 2359 tonight he'd be in the clear?

Yo, Vic! Stop looking for the information you're supposed to provide here at AW. We don't have it. It's in your office somewhere. Under the sink, or behind the spare toilet paper rolls? Or maybe it's on one of those yellow Post-It stickies on the wall beside the Order Desk. Get cracking, man! What do you think Larry is paying you for? It isn't just to park his car and wax it on weekends!

James D. Macdonald
07-13-2007, 11:15 PM
I know what I'd say, too.

Hey, Larry. Could you give Vic some time off from cleaning the toilets and emptying the trash to comply with the arbitrator's orders?

DaveKuzminski
07-13-2007, 11:28 PM
Maybe he mailed it?

More likely, Vic caught a pigeon from the nearest city park because his dictionary mentioned pigeons could carry messages and he wanted to save postage. After all, PA is in a tight financial bind right now while they try to send out all those Hello cards to Willem wherever he is now since those have to go by FedEx to reach him in time.

James D. Macdonald
07-14-2007, 03:26 AM
May one be so bold as to ask which pages at AW he's grabbed?

DaveKuzminski
07-14-2007, 03:52 AM
I hope Vic didn't violate copyright law. Otherwise, he might have to defend PA in a courtroom. After all, AW isn't a PA writer limited to arbitration. ;)

On the other hand, I'm not worried if Vic or anyone else has copied some pages from P&E for legal purposes. P&E already has a public statement on its site that many of the pages can be copied freely. Only those subject to copyright permissions by their authors (generally the Opinion articles) cannot be copied without first obtaining that permission.

Tilly
07-14-2007, 04:00 AM
post # 58, 59, 60 on this thread

post 6420 on NEPAT, 4-24-2007

Okay, I'll admit it, I'm puzzled. Why those posts? I've just read them and I don't see it.

ETA: although I don't want to start a discussion that could harm you're case, Marie, so please feel free to ignore me. :)

DaveKuzminski
07-14-2007, 04:32 AM
It's my understanding that Vic also wants to know what evidence P&E shared with Maria. Why Vic, how thoughtful of you. Just so you'll know, the PublishAmerica directory is nearly a hundred times as large as any other directory containing complaints and documentation. So, if in nothing else, PA is number one in something. ;)

DaveKuzminski
07-14-2007, 05:11 AM
Vic should worry. I have plenty of documentation that can nail PA's coffin shut in a legal battle.

emsuniverse
07-14-2007, 07:26 AM
I read those posts. Um, how is your poem supposed to help their case?

Bartholomew
07-14-2007, 09:07 AM
If you end up owning PA, let me know. :D

Dave.C.Robinson
07-14-2007, 11:14 PM
Good luck Marie

James D. Macdonald
07-15-2007, 12:23 AM
Let us know when it's over.

And I'll buy you and ice-cream sundae for the victory party.

herdon
07-15-2007, 12:39 AM
Ladies and gentlemen,

It's time for me to go into stealth mode regarding my arbitration. I'll update you when I can.

Keep your best wishes coming my way, and I will still post on other parts of the message board.

Marie

Good luck.

endless rewrite
07-15-2007, 01:19 AM
Marie you are so cool and collected about all this, fantastic job. I would wish you luck but you have right on your side as well as evidence and plenty of smarts. Instead of wishing you luck I am going to toast your success as and when it happens and hopefully get to buy you a celebratory drink one day.

emsuniverse
07-15-2007, 01:36 AM
Good luck!!!!!!!!!!!!!!!!!!!

Tina
07-17-2007, 12:07 AM
Marie rules, PA drools.

Go get 'em tiger.

Hillary
07-18-2007, 09:24 AM
I don't know you, nor had I ever so much as heard of PA until I joined this board, but I'm wishing you the best of luck, Marie. I can't wait to hear how this all turns out - hopefully in your favor.

VGrossack
07-18-2007, 03:22 PM
Ladies and gentlemen,

It's time for me to go into stealth mode regarding my arbitration. I'll update you when I can.

Keep your best wishes coming my way, and I will still post on other parts of the message board.

Marie

Look forward to reading the outcome! Even if you don't upset the apple cart, you will have given it a good shaking and make it easier for the next determined person to tip over.

Glenda
07-21-2007, 05:26 AM
Thank you. For the time being, I am only going to say my case is solid, and all my bases are covered.

For the time being I am going to be relatively silent as to the specifics, but more will be posted in the future as I am permitted by the terms of the Award.


Best wishes coming your way Marie. Anxiously awaiting to hear the outcome.

burgy61
07-21-2007, 08:17 AM
Good luck Marie, I pray all goes well for you.:Thumbs:

Maddog
08-01-2007, 09:00 AM
:Hug2: You are a brave and determined lady, Marie. It will pay off in the end!!!

Caro
08-01-2007, 07:47 PM
Sounds like you have good boys, Marie.

If you believe that you need to do this, stay strong. I wouldn't be surprised if PA tries to play a delaying game in hopes you'll just drop the arbitration.

James D. Macdonald
08-01-2007, 07:56 PM
PA will definitely try to run out the clock. They hope you'll be disheartened, that you'll run out of money, run out of time, run out of interest ... it doesn't matter to them, so long as the day of judgment is put off.

brianm
08-01-2007, 08:16 PM
PA knows they don't have a leg to stand on, Marie. They're just trying to wear you down. Their continued delays will not bode well for them. Know that all of us here support you.

-brianm

Marie Pacha
08-01-2007, 09:46 PM
I am obviously biased, but I mean it when I say no sons could make their mother more proud.

BarbJ
08-01-2007, 09:54 PM
Ah, such bias is a blessing for all. :heart:

Sparhawk
09-06-2007, 02:13 AM
Any new developments ???

LoneWolf
09-15-2007, 04:18 AM
Has anyone heard from Marie lately? I would say that this is one case where no news is probably not good news.

Tom

Dave.C.Robinson
09-15-2007, 04:23 AM
Hers was the post immediately above yours, given the speed at which things were moving previously, four days are nothing.

LoneWolf
09-15-2007, 07:04 AM
LOL, Marie!

Just wanted to make sure you were alive and kickin'. (Grin)

Tom

LoneWolf
09-15-2007, 02:19 PM
LOL! Good!

Just wanted to make sure that PA hadn't captured you and sold you to some dude in the mid-east to spend the rest of your days in his harem. (Grin)

Tom

DaveKuzminski
09-15-2007, 07:28 PM
LOL! Good!

Just wanted to make sure that PA hadn't captured you and sold you to some dude in the mid-east to spend the rest of your days in his harem. (Grin)

Tom
Now don't go giving Willem any ideas. Next think you'll know, he'll want to know how much Marie weighs so he can plan another hellocopter trip, this time to the Mideast. ;)

JulieB
09-28-2007, 06:41 AM
Thanks for checking in.

Dave.C.Robinson
09-28-2007, 07:25 AM
Good luck Marie, we're still on your side.

JulieB
10-05-2007, 07:01 AM
Glad to know you have a date.

brianm
10-05-2007, 08:02 AM
Appropriately my Arbitration hearing will be held on Halloween.

I guess that means the arbitrator will allow PA's attorney to wear his mask of honesty? He'll see through it anyway... :D

Good luck. Hoping you go home with bags full of "candy."

Richard White
10-05-2007, 06:53 PM
You know they're stretching this out because they know they're going to lose.

Just gives them more time to keep the "soon-to-be-your" money in their interest-bearing accounts up until the last possible second.

Old Hack
10-05-2007, 10:39 PM
I am so looking forward to the result of this arbitration. Good luck, Marie.

BarbJ
10-08-2007, 10:47 PM
We're all with you in this, Marie.

Maddog
10-25-2007, 09:35 PM
The date is fast approaching...everyone got their popcorn ready?

JulieB
10-30-2007, 05:19 PM
Ack. This must be getting a tad frustrating.

Sparhawk
10-30-2007, 06:39 PM
Tad does not begin to describe it. But you do what you gotta do. And this had to be done.

Marie

Marie, hang in there. I know it must be frustrating but you have right on your side. We're all in your corner

Caro
10-30-2007, 07:02 PM
How frustrating for you, Maria, but I also notice you said "legitimate and unavoidable," so this doesn't sound like it's necessarily one of Meiners' delaying tactics.

Keep us posted.

nancy sv
10-30-2007, 10:11 PM
What a soap opera. I don't know how you can stand dealing with all this. How long has the whole process been so far??

icerose
11-01-2007, 06:16 PM
I'm so sorry Marie, here's hoping this date sticks!

Sheryl Nantus
11-01-2007, 06:26 PM
slow and steady wins the race - don't forget, PA is hoping to just grind you down and make you walk away.

like that's gonna happen!

:D

Jersey Chick
11-12-2007, 08:08 PM
Tossing in my $0.02 - good luck! :D

CatSlave
11-12-2007, 10:39 PM
What they said.

Remember, we're ALL here cheering you on.

:TheWave::TheWave:


Even JimmyD.
:popcorn:

Old Hack
11-12-2007, 10:47 PM
Fingers crossed over here, too. Best of luck, Marie.

Caro
11-12-2007, 10:49 PM
Adding my voice to the others. Best of luck, Marie -- and keep us posted.

Sparhawk
11-12-2007, 11:45 PM
They must be poppoing Rolaids like Lifesavers candy over at PA right now. All The best Marie, you have right on your side.

JerseyGirl1962
11-13-2007, 02:07 AM
A legitimate and unavoidable delay has arisen. The hearing will be in a couple of weeks; no exact date just yet.

Gads, Marie, that really sucks. I know from experience (unfortunately; and it's unrelated to publishing) that this court stuff moves realllllllly slow (like a freakin' turtle). Hubby and I have been waiting on a legal matter since the end of March...and we still don't have a court date to end this crap.

The waiting is definitely the hardest part. Hang in there!

~Nancy

Glenda
11-13-2007, 03:37 PM
I know it can get frustrating waiting on the court. It will come. Good luck to you even if you are not going to need it.

JimmyD1318
11-13-2007, 05:55 PM
What they said.

Remember, we're ALL here cheering you on.

:TheWave::TheWave:


Even JimmyD.
:popcorn:

MUNCH! MUNCH! MUNCH! Yep! I sure am! Good luck to you! MUNCH! MUNCH! MUNCH!:popcorn::popcorn::popcorn::popcorn:

brianm
11-13-2007, 06:25 PM
I mailed the paperwork to begin the process in April.

The hearing is now set for November 14.

Marie

Good luck, Marie.

burgy61
11-13-2007, 06:28 PM
Good luck tomorrow Marie.

JulieB
11-13-2007, 09:46 PM
Just want to say good luck. We're all counting on you.

nancy sv
11-13-2007, 11:59 PM
I'm sure it'll go great! Don't be tooooo nervous!!

Richard White
11-14-2007, 12:23 AM
Best of luck tomorrow, Marie

BarbJ
11-14-2007, 02:07 AM
We're all rooting. You've been strong. Thank you. :Hug2:

WittyandorIronic
11-14-2007, 04:53 AM
Good Luck!!

DaveKuzminski
11-14-2007, 06:55 AM
Good Luck!!

Cost of PA's attorney for arbitration... hundreds
Cost of PA's losing arbitration... thousands
Cost of finding P&E sticker on Vic's bumper after arbitration loss... Priceless ;)

tlblack
11-14-2007, 08:10 AM
Best of luck Marie.

brianm
11-14-2007, 08:55 AM
Cost of PA's attorney for arbitration... hundreds
Cost of PA's losing arbitration... thousands
Cost of finding P&E sticker on Vic's bumper after arbitration loss... Priceless ;)

:roll:

kristie911
11-14-2007, 09:19 AM
I don't think I've weighed in on this thread yet but I've been following it for a while now and just wanted to say...

Good luck today, Maria...we're all pulling for you! :)

Dave.C.Robinson
11-14-2007, 04:28 PM
Good luck, we're all pulling for you

LeslieB
11-14-2007, 04:31 PM
Good luck!

Marie Pacha
11-14-2007, 04:34 PM
In just a few minutes I will be leaving for my Arbitration hearing.

Thank you, all of you, for the moral support.

Marie

endless rewrite
11-14-2007, 04:36 PM
Thinking of you.

JimmyD1318
11-14-2007, 05:29 PM
Cost of PA's attorney for arbitration... hundreds
Cost of PA's losing arbitration... thousands
Cost of finding P&E sticker on Vic's bumper after arbitration loss... Priceless ;)

:ROFL:That is worth a bag of popcorn from the secret stash! Enjoy Dave!:popcorn:
Marie...my thoughts and prayers go out to you. I wish you all the luck in the world.

Caro
11-14-2007, 07:38 PM
:e2cheer:

Go Marie!

Sparhawk
11-14-2007, 07:56 PM
:box::guns: Got get 'em Marie... make Vic and company squirm

Toothpaste
11-14-2007, 08:23 PM
You go girlfriend!!

Berry
11-14-2007, 08:23 PM
How many arbitrations has PA lost?

All of them, I think...

Sparhawk
11-14-2007, 09:32 PM
I think they're 0 for 2 and will be 0 for 3 after Marie cleans thier clock. Uncle Jim or Dave, please correct me if my number is wrong. BUT.. consider this; 3 divided by the number of swindled authors and the money received from all those friends and family purchases still makes PA a profitable venture... sadly.

Jersey Chick
11-14-2007, 09:45 PM
Go get 'em, Marie! :box:

DamaNegra
11-14-2007, 11:23 PM
I've been following this for a while!! I'm happy to hear the arbitration is finally happening, and right now, too!! Good luck Marie!!!! I hope more writers follow your lead!!

AnneMarble
11-14-2007, 11:43 PM
I gave Marie a rep but forgot to post.

We don't have a Good Luck smiley, but how about...
You go!
:Trophy:

Richard White
11-15-2007, 12:11 AM
(keeping my fingers crossed for Maria)

AnneMarble
11-15-2007, 01:52 AM
I was trying to remember... How many arbitrations against PA hage there been? I remember the one earlier one.

Also, does anyone have a link to the information about the one I'm thinking of? (Yes, please touch the screen and read my mind. Thanks.)

JulieB
11-15-2007, 01:56 AM
This (http://www.freewebs.com/pozkin/legalwatch.htm) may be what you're looking for. Scroll down the page.

IceCreamEmpress
11-15-2007, 02:08 AM
This (http://www.freewebs.com/pozkin/legalwatch.htm) may be what you're looking for. Scroll down the page.

The typo (or joke) of "Gorgon" in the law firm's name made me laff.

BarbJ
11-15-2007, 02:08 AM
The breath is bated...

AnneMarble
11-15-2007, 02:42 AM
This (http://www.freewebs.com/pozkin/legalwatch.htm) may be what you're looking for. Scroll down the page.
Thanks! :)


The typo (or joke) of "Gorgon" in the law firm's name made me laff.
Kind of appropriate, though, as the evil alien named Gorgon in the Star Trek episode And the Children Shall Lead was played by attorney Melvin Belli.
:ROFL:

Somehow I don't foresee a Star Trek episode in Vic's future...

JulieB
11-15-2007, 02:50 AM
Thanks! :)


Kind of appropriate, though, as the evil alien named Gorgon in the Star Trek episode And the Children Shall Lead was played by attorney Melvin Belli.
:ROFL:

Somehow I don't foresee a Star Trek episode in Vic's future...

THAT was an image I didn't need. Pass the brain bleach, please!

Richard White
11-15-2007, 04:06 AM
I don't know. He could possibly pass for a Horta.

Dawno
11-15-2007, 04:23 AM
there's a good "rocks for brains" joke there, somewhere, Richard.

Hope all went well for you today, Marie.

DaveKuzminski
11-15-2007, 06:07 AM
I don't know. He could possibly pass for a Horta.

No, I don't think so. Horta's have better writing ability.

On the other hand, Vic might look good in a red shirt.

Old Hack
11-15-2007, 11:57 AM
Hoping for a report from Marie soon, with all my fingers crossed....

Dave.C.Robinson
11-15-2007, 06:09 PM
Hoping for a report from Marie soon, with all my fingers crossed....

Ditto

brianm
11-15-2007, 07:53 PM
She was in here last night and again this morning. It's very possible she is unable to talk about what transpired at the proceedings and that the arbitrator’s decision would be disclosed at a later date to both parties via mail.

I'm just speculating.

BarbJ
11-15-2007, 08:51 PM
She was in here last night and again this morning. It's very possible she is unable to talk about what transpired at the proceedings and that the arbitratorís decision would be disclosed at a later date to both parties via mail.

I'm just speculating.

Brian's probably right. Good or bad, Maria will let us know.

Old Hack
11-15-2007, 10:32 PM
I remember a previous arbitration, against Phil Dolan, I think, which PA lost. A condition of the arbitration was that Mr Dolan was forbidden to say anything about the findings.

I suspect that Marie's silence on the matter signals a good result for her. Had she lost, I'm sure she'd have let us know.

Jersey Chick
11-15-2007, 10:36 PM
If you lose an arbitration hearing, are you forbidden to talk about it? Or is it only if the decision is in your favor?

Sheryl Nantus
11-15-2007, 10:40 PM
I would suspect that if you lose, there's nothing really holding you quiet.

I'm taking the silence as a Very Good Thing.

Jersey Chick
11-15-2007, 10:48 PM
That would make sense to me, but the law gets a little... floopy... when it comes to making sense sometimes.

Old Hack
11-15-2007, 10:52 PM
If I remember rightly, PA asked for Dolan's silence as a condition of the arbitration. PA lost in that case. I can't imagine their asking for such a condition if they'd won: they'd want their victory shouted about all over the place. So yes, this can only be a VERY good thing. I think.

brianm
11-16-2007, 12:50 AM
If you lose an arbitration hearing, are you forbidden to talk about it? Or is it only if the decision is in your favor?

Generally, arbitration hearings and results are kept confidential. However, the arbitrator can order that the proceedings and findings be made public. If PA lost, they would ask that the entire debacle be sealed since they would not want the public to view their testimony, proof of incompetence, proof of vanity press business model, and their failure to fulfill their contractual obligations.

However, since PA has been in this position three times now, I’m hoping this arbitrator, if indeed Marie was victorious, will decide it’s time to expose PA to the public.

Jersey Chick
11-16-2007, 01:00 AM
We can always hope... ;)

Maddog
11-16-2007, 01:12 AM
PA monitors Marie's online activities closely...especially at AW. Hopefully we will learn the outcome soon.

JanDarby
11-16-2007, 01:24 AM
Often, the arbitrator will take the case "under consideration" to read over the evidence and mull over the testimony, so the decision isn't made at the time of the hearing, but several days/weeks later. Meanwhile, it's generally not to anyone's benefit to discuss the hearing in public.

I don't have any inside info, but just thought I'd mention that the legal process, even the relatively "quick and simple" arbitration process, is time-consuming, seldom providing any quick answers.

JD, not giving legal advice, just general information.

Christine N.
11-16-2007, 03:06 AM
I think Phil was allowed to say he won, and that he got money, he just wasn't allowed to discuss the exact amount.

Phil said he was satisfied with the money.

DaveKuzminski
11-16-2007, 04:41 AM
Here's hoping that Marie is very satisfied.

Jersey Chick
11-16-2007, 09:38 PM
It's all good, Marie... all good... :)

Dave.C.Robinson
11-16-2007, 10:00 PM
Thank you and good luck.

we're on your side.

Caro
11-16-2007, 10:19 PM
I definitely respect your silence, Marie. Through this, you have handled yourself calmly, respectfully, and professionally. As much as we would love to have an update, I don't believe anyone one of the regulars here would want you to do anything that negatively impact the procedures.

Take care and let us know when the time is appropriate.

Unimportant
11-16-2007, 10:37 PM
Marie, you have our complete respect and complete support.

IceCreamEmpress
11-16-2007, 11:08 PM
Thank you for responding, Marie, and for explaining that you can't share information at this time.

And thank you for your hard work in taking this to mediation. It's appreciated by many, I know.

Sparhawk
11-17-2007, 12:05 AM
Thanks for the update Marie, I'm praying that this is over for you soon.

And a big AMEN to that.

JulieB
11-17-2007, 01:01 AM
Thanks for the update. Keeping my fingers crossed...

DaveKuzminski
11-17-2007, 04:17 AM
The rumor floating out of Maryland is that Vic wasted his parents' money learning to become a lawyer. I'm sure they're proud of him, but they'd be even prouder if he had enough sense to actually win a case against a non-lawyer. ;)

ebrillblaiddes
11-22-2007, 10:21 AM
The rumor floating out of Maryland is that Vic wasted his parents' money learning to become a lawyer. I'm sure they're proud of him, but they'd be even prouder if he had enough sense to actually win a case against a non-lawyer. ;) Well, see...when one is legal counsel for water...and one's client is accused of being wet...it becomes rather easy to lose.

BarbJ
11-26-2007, 12:12 AM
Well, see...when one is legal counsel for water...and one's client is accused of being wet...it becomes rather easy to lose.

I like this. Can I steal it? :tongue

ebrillblaiddes
11-26-2007, 03:59 AM
I like this. Can I steal it? :tongue Go ahead! :)

AC Crispin
11-26-2007, 04:20 AM
I guess we're never going to get a hint about how things went during Marie's arbitration?

-Ann C. Crispin

Sheryl Nantus
11-26-2007, 06:41 AM
I believe there's not been an actual decision yet... I'm sure one way or another, the verdict will find it's way here.

although I'd be VERY surprised if it was anything other than a victory for Marie at this point...

DaveKuzminski
11-26-2007, 06:46 AM
A source from inside PA told me Vic was unprepared and PA is concerned about how much they need to raise to cover the loss.

This all goes to show if PA was honest, they wouldn't be covering such losses because they wouldn't be losing in arbitration, let alone entering it so often.

Sparhawk
11-26-2007, 05:19 PM
A source from inside PA told me Vic was unprepared and PA is concerned about how much they need to raise to cover the loss.

This all goes to show if PA was honest, they wouldn't be covering such losses because they wouldn't be losing in arbitration, let alone entering it so often.

Wow!! That astounds me. After all the delaying and stalling tactics, the claims of needing more information ho win th ehell could Vic walk inot this unprepared? Any lawyer wirth a nickel should have known what the situation was prior to setting foot inside the arbitration forum. I wonder why PA went with Cretella if he's so woefully inadequate as legal council. It will be enlightening when Marie can finally post.

Dave, I hope what you were told is accurate. The thought of the good ship PA drowning in a sea of arbitration debt makes me smile :):).

Maybe PA will eliminate the arbitration clause in their contract after this loss. They can't afford to keep up the losing trend. Maybe the new PA contract will have a clause absolving them of any wrong doing and have no way for authors to file grievances.... except by e-mail to author support.

Sparhawk
11-26-2007, 07:06 PM
It's my guess that PA lost and a gag order was given to Marie so she can't talk about it.

Sparkhawk, I wouldn't be at all surprised if PA eliminated the arbitration clause, but maybe they haven't thought of that yet and you just gave them the idea.

And PA hired Cretella because he's a "stipid darf" and they couldn't get anyone else who would work with them because they're so dishonest.

In the end, PA will get what it deserves. There's this thing called karma and it's like death and taxes. It's unavoidable and sooner or later they'll get what they deserve.

Let's hope PA gets what they truly deserve. As for me giving PA the idea about arbitration; I'm sure they've already considered it. I suspect they'd rather lose an arbitration case than lose a legitimate court case... JMO though. But who knows... maybe they enjoy putting individual authors through this hoping the plantiff will simply give up after time. Saldy for PA there have been a few inspirational authors who've gone forward to exposed PA and prevailed. I'm confident we'll be adding Marie to that list.

brianm
11-26-2007, 08:51 PM
A smart attorney would never have allowed the case to go to arbitration and would have advised the client to settle before the scheduled hearing date. Vic has no other choice but to try stalling tactics, magic tricks, and the "Hey! Look over there!" ploys because he and his client haven't a foot to stand on.

PA's arbitration clause requires the hearing be held in Frederick. Most PA authors would rather be released from their contract than incur the expenses and hassle of arbitration. I doubt very much PA would eliminate the clause because it has worked very well for them up to this point. Three or four lost arbitration cases is a pretty good record in eight years of business when you consider how many authors have truly been unhappy with PA's disguised business model. PA relies on the fact that most of their authors will move on rather than fight.

Maybe this time the arbitrator will order the case be made public after he/she has made a ruling.

Jersey Chick
11-26-2007, 09:21 PM
I'll admit I don't know the first thing about arbitration (and since it took me three shots to get it spelled right, that just solidifies it :D) - I just hope Marie wins. And I'd love to see it be made public, just so all the Rah-rahers can see for themselves that it isn't just a bunch of jealous, wannabe toady bugs spreading nothing but lies about PA.

maybe i'll get that for christmas! :D

Sparhawk
11-26-2007, 09:30 PM
I'm Mister Heat Miser, I'm Mister Hot.. Dum Dum dee Dum, I'm Mister Green Christmas .... ooops! Awesome Avatar, Jersey... Go Marie :)

brianm
11-26-2007, 09:33 PM
I want what sparhawk's drinking!:D

:e2drunk:

Sparhawk
11-26-2007, 09:39 PM
I want what sparhawk's drinking!:D

:e2drunk:

<<Passes over a bottle of the good stuff to Brian along with the words to the 'Heat Miser' theme song.>>

Jersey Chick
11-26-2007, 09:45 PM
**clears throat, doesn't help - Jerz is still off-key**

I'm Mister Heat Miser
I'm Mister Sun
I'm Mister Green Christmas
Mister One Hundred and One

Everything I touch
Melts in my clutch
I'm too much

That's all I can remember. I'm just too much, eh? :D

brianm
11-27-2007, 01:23 AM
**clears throat, doesn't help - Jerz is still off-key**

I'm Mister Heat Miser
I'm Mister Sun
I'm Mister Green Christmas
Mister One Hundred and One

Everything I touch
Melts in my clutch
I'm too much

That's all I can remember. I'm just too much, eh? :D


<snip> ... it took me three shots to get it... <snip>

I recommend three more shots. Someone pass the earplugs, please... and the bottle. :D

burgy61
11-27-2007, 01:32 AM
There's entirely too much drinking (no one offered me the good stuff) and singing going on here. :D

I'll bet PA is singing a different tune and drowning their sorrows in their cheap German w(h)ine.

Here you go Odyssey try this bottle from my stash, it's a fine Liebfraumilch that I bottled last Dec. Who says Germans make cheap wine? :D

From what I've learned about arbitration I don't think Marie will hear anything until the end of the week at the earliest.

Jersey Chick
11-27-2007, 01:33 AM
I recommend three more shots. Someone pass the earplugs, please... and the bottle. :D

I've been misquoted!!! Agh!!!

Okay - someone pass me the bottle, and the shot glass... I've a feeling I'm really gonna need 'em! :D

brianm
11-27-2007, 01:42 AM
I've been misquoted!!! Agh!!!


Artistic license? :tongue

Jersey Chick
11-27-2007, 01:45 AM
Oh sure, take the easy way out. Sure, don't admit you're trying to ruin my reputation and cause me pain and anguish by hinting that I was hitting the sauce...**sniffs, sighs dramatically**

why? why? **swoons**


:D


so, is someone gonna pass me that bottle or what? ;)

burgy61
11-27-2007, 01:58 AM
Here you go Jersey I hope you like White Zinfandel, I gave my last bottle of German wine to Odyssey.

Tina
11-27-2007, 02:42 AM
**clears throat, doesn't help - Jerz is still off-key**

I'm Mister Heat Miser
I'm Mister Sun
I'm Mister Green Christmas
Mister One Hundred and One

Everything I touch
Melts in my clutch
I'm too much

That's all I can remember. I'm just too much, eh? :D

And let's not forget:

I'm Mister White Christmas
I'm Mr. Snow
I'm Mr. Icicle
I'm Mister 10 Below

...oh, we kids of the 1980s...

Did anyone see the live-action remake of Year W/O a Santa Claus last year? I turned it off after 20 minutes. Awful! Long live ani-magic.

Jersey Chick
11-27-2007, 03:23 AM
Actually, Snow Miser is my favorite - but I thought Heat Miser was soooo much more appropriate! Yanno, with the flaming hair and all. ;)

Thanks for the wine, Burgy! Hits the spot! :D

Jersey Chick
11-27-2007, 03:57 AM
Ahh... but that's assuming I ever knew all the words in the first place! **hic** ;)

Komnena
11-27-2007, 04:04 AM
Here's a bottle of Zinfandel for Odyssey and a bottle of Jack Daniels for Jersey, so that she may truly have a proper taste of Kentucky.

Jersey Chick
11-27-2007, 04:15 AM
When I get all steamed up, hear me shout

That's your missing line :D

Thanks for the JD - it's a good thing I posted before cracking the seal! :D

Oh, I'll steal my mom's recipe for Wassail - we could put that in the teapot and then we won't care about the words - make them up as we go along!

JimmyD1318
11-27-2007, 05:29 AM
The way you guys are acting I thought you had gotten a hold of my secret stash of POPCORN! I'm going to go check to make sure you guys haven't been sipping it when my back is turned.

choppersmom
11-27-2007, 05:39 AM
*clutches empty teapot*

NOOOOOOOOOOObody *hic* knows the trouble I've *hic* seeeeeeen,
NOOOOOOOOOOObody knows my *hic* sooooorooooooow....

*falls alseep in half-eaten bowl of POPCORN*

benbradley
11-27-2007, 05:56 AM
Thanks for the wine, Komnena. Now I can make my dinner. :)

Forgetting words happens to all of us ... well, me, for example.

There was a little song I learned in 2nd grade and for the life of me I can't remember the middle. Can someone help, please? Here's how it goes:

I'm a little teapot, short and stout.
Here is my handle, here is my spout.

Something, something, something. ???

Turn me over and pour me out.

Maybe we could put the wine in the teapot and we'd remember the words?
I see Jersey Chick has already answered, but whenever you have a question like this where you remember only part of something, if you can also remember these four words, you can usually find the rest: Google is your friend!

Here's more than you probably ever wanted to know concerning this song/nursery rhyme:
http://en.wikipedia.org/wiki/I'm_a_Little_Teapot

ETA: Do you think my sig line is appropriate for this thread? :)

Jersey Chick
11-27-2007, 05:59 AM
Quick, I'll distract Jimmy with this new peanut butter, chocolate, rum flavored popcorn, while you drag Choppersmom out of the popcorn. Prop her in a chair in the corner, put a pair of oversized sunglasses and a big floppy hat on her and he'll never know **giggles like a fiend, runs out to create distraction**

choppersmom
11-27-2007, 06:34 AM
I'm a little tippy, ready to spout
If only I didn't suffer from gout...

choppersmom
11-27-2007, 06:35 AM
Quick, I'll distract Jimmy with this new peanut butter, chocolate, rum flavored popcorn, while you drag Choppersmom out of the popcorn. Prop her in a chair in the corner, put a pair of oversized sunglasses and a big floppy hat on her and he'll never know **giggles like a fiend, runs out to create distraction**

Except for the chunks of popcorn stuck to my hoohas. That'll give me away.

Jersey Chick
11-27-2007, 06:42 AM
Except for the chunks of popcorn stuck to my hoohas. That'll give me away.

Beverage warning, Choppersmom! Beverage warning! :D

damn wassail....

damn popcorn....

where are my paper towels???

choppersmom
11-27-2007, 07:08 AM
*groan*

...I'll never drink again...

Oh, who am I kidding, gimme back my teapot!

BarbJ
11-27-2007, 07:13 AM
Geesh - I go away for a few days and come back to flame-heads, singing popcorn, sneering toady-bugs, drunken teapots and choppersmom's hoohas. Is it just me, or are things getting a mite tame around here? :tongue

"Oh, good, still a den of iniquity." Rep point for the first correct guess where that's from.

CatSlave
11-27-2007, 07:25 AM
I think Marie should pick up the tab for a round when she gets back from the arbitration hearing, yes? :D

choppersmom
11-27-2007, 07:28 AM
Nahhhh, WE should buy HER a round for going up against the bad guys!

You go, Marie!!

*WOOOOO-HOOOOOOOO!!*

*flashes hoohas out of the moonroof*

choppersmom
11-27-2007, 08:02 AM
My hoohas are a very pretty sight, thankyouverymuch! At least, that's what that crowd of construction workers we passed told me...

CatSlave
11-27-2007, 08:09 AM
If we be drinkin', we should be dancin' too.
A little YouTube clip to get your booty shaking.
http://www.youtube.com/watch?v=OFzNXUUSFF0

choppersmom
11-27-2007, 08:22 AM
This guy knows how to party:

http://www.youtube.com/watch?v=N7IZmRnAo6s

tlblack
11-27-2007, 08:55 AM
Not staying right now for the party, but brought a truck load of popcorn in all flavors, 10 cases of soda for those that don't drink. A couple cases of those energy drinks for anyone who wants to ping off the walls for a while, and enough chocolate that everyone here can have their fair share. Enjoy!

P.S. choppersmom... you have a couple pieces of popcorn on your shoe.
Love the avatar Jersey.

Jersey Chick
11-27-2007, 09:07 AM
Wow - who knew Heat Miser would be such a hit? Thanks! :D

Whew... I've had enough alcohol for one night... I need a glass of water and two aspirin before I go to sleep.

It's been one of those days :D

choppersmom
11-27-2007, 09:09 AM
Oh damn, these were my "good" flip flops too!

brianm
11-27-2007, 09:12 AM
"Oh, good, still a den of iniquity." Rep point for the first correct guess where that's from.

Life of Brian? :D

JimmyD1318
11-27-2007, 05:42 PM
Not staying right now for the party, but brought a truck load of popcorn in all flavors, 10 cases of soda for those that don't drink. A couple cases of those energy drinks for anyone who wants to ping off the walls for a while, and enough chocolate that everyone here can have their fair share. Enjoy!

P.S. choppersmom... you have a couple pieces of popcorn on your shoe.
Love the avatar Jersey.


Did someone say the magic word POPCORN? <SNIFF, SNIFF>! OH...WOW! A whole truck load of it! Oh...I can't stand it! Got to have POPCORN now!

<Dives into back of truck!> MUNCH! MUNCH! MUNCH! MUNCH! MUNCH! MUNCH! :popcorn::popcorn::popcorn::popcorn::popcorn:

<One hour later...>

*BURP!* Exscuse...me...! I...ate...the...whole...thing! *BURP!*

(Please God...let her win! She has earned it in my opinion!)

Jersey Chick
11-27-2007, 05:44 PM
Is it possible to OD on popcorn? I suppose one of us should keep an eye on Jimmy. :D

choppersmom
11-27-2007, 06:47 PM
It is possible, but it can also be a lifesaver, eh Jim?

James D. Macdonald
11-27-2007, 06:50 PM
Judge for yourselves, folks:

Unretouched photo from a secret surveillance site: choppersmom's left hooha (http://graphics8.nytimes.com/images/2007/04/06/dining/20070406_bruni_sub.jpg) (side view).


================

Ahem.

Back on topic, everyone!

I wonder if releasing authors from their contracts is PA's Get-Out-of-Jail-Free card, or can a wronged author take 'em to arbitration even after PA's ended the contract? Or -- with the author released from the contract can that author then sue PA the old-fashioned way?

choppersmom
11-27-2007, 08:22 PM
Judge for yourselves, folks:

Unretouched photo from a secret surveillance site: choppersmom's left hooha (http://graphics8.nytimes.com/images/2007/04/06/dining/20070406_bruni_sub.jpg) (side view).

Thanks, I was eating a flaky cookie when I opened this. I nearly choked!

My hoohas have never looked so delectable in real life! Hey Jim, got some butter, baby??

JimmyD1318
11-27-2007, 08:40 PM
Thanks, I was eating a flaky cookie when I opened this. I nearly choked!

My hoohas have never looked so delectable in real life! Hey Jim, got some butter, baby??

:ROFL:Ohhhh...God! We are all so going to Hell! Oh well...I'll go get the butter!;)

Jersey Chick
11-27-2007, 08:45 PM
Whew - this thread's getting a wee bit... racy...

shall we all leave? ;)

choppersmom
11-27-2007, 09:20 PM
By no means! The more the merrier!

*that butter is nice and waaaaaaarm...*

Sparhawk
11-27-2007, 09:26 PM
Ahem.

Back on topic, everyone!

I wonder if releasing authors from their contracts is PA's Get-Out-of-Jail-Free card, or can a wronged author take 'em to arbitration even after PA's ended the contract? Or -- with the author released from the contract can that author then sue PA the old-fashioned way?

I would say yes. The release letter I have from PA mentions no legalese about not persuing the matter further. I would assume that once out of the contract the aggrieved author can take them to arbitration or to court. I beleive PA letting people go is their own method of damage control. As was metioned earlier; 3 losses out of all the UNhappy authors is a small number. Imagine if everyone who was angry with PA and not released went after them through arbitration? Eventually the losses and potential damamges would be staggering. IMO PA is releasing people that won't cave to their intimidation hoping to avoid and or minimize Vic's exposure to an Arbitrator.

I had a case set to go against PA regarding the false charges they filed against me and the fraud they commited filing the complaint. I could still pursue it and the attorney is confident we'd win, easily. Police testimony condemning PA, Police testimony and documents stating PA deliberatly lied and was uncooperative and copies of documents PA falsified as my own sandwhiched into their little fax to the police. I was all gung-ho for a few months but then decided I didn't want/need the aggrivation. My book is mine, the nightmare, for me, is over.

It was a great party folks, now I need to pop some Excedrin and some Tums. Too much dang popcorn :D

choppersmom
11-27-2007, 09:40 PM
Hi Sparhawk - I'm happy for you that you were able to get your rights back. I can certainly understand not wanting the aggravation of fighting with PA, I know I wouldn't be able to handle it. But it would be great if more people could afford the time and expense to fight them. It wouldn't be hard to shut their doors forever if everyone who was unhappy had the resources to take them to court.

Trish

CatSlave
11-28-2007, 02:19 AM
Oh my God. I'm speechless...

Marie, I'm so sorry.

Unimportant
11-28-2007, 02:26 AM
Marie, I'm really sorry. You must be gutted. But you should also be very proud of yourself.

Sparhawk
11-28-2007, 02:45 AM
Oh, Marie...
I am so sorry. You're still an inspration to all of us. You stuck up for what you beleived was right. We're all proud of you.

choppersmom
11-28-2007, 03:08 AM
That's a shame, Marie. We were all pulling for you. But your eyes are open now, and you can move on to better things. You deserve them. And you're damn right you did the right thing!

And we'll stop being silly all over your thread.

nancy sv
11-28-2007, 03:11 AM
I'm sorry. I can't imagine what you are feeling right now, but just hold on to the fact that you know you did the right thing.

Komnena
11-28-2007, 03:11 AM
I don't know what to say, Marie. I'm sorry. We all know what a cunning rip-off PA is and how they get to people through their dreams, then make ruins of those dreams.

benbradley
11-28-2007, 03:25 AM
Itís been a little over seven months since I filed for Arbitration against Publish America. My hearing was held on November 14 in Frederick, Maryland.

I received notification of the outcome today.

My claims were denied.


Did I do the right thing by filing for arbitration? You're damn right I did.

Marie Pacha

You sure did, you gave them a run for their money, and you didn't back down.

I've only participated in the recent silly parts of this thread, but I read through the whole thing a few weeks ago and I've been pulling for you. Congratulations for going through the process. I'm sure it must have been tiring and frustrating.

And I hope my sigline mocking PA's business practices (you hear that, PA? THAT's what I'm doin', mocking YOUSE guys!) is appropriate.:)

JoNightshade
11-28-2007, 03:29 AM
I haven't posted here but I've been following this thread. I seriously can't believe they didn't find in your favor. I... just can't believe it. At least you have the consolation of knowing, no matter what, that you were right. These guys have to go home and sleep with what they did, and with what they're doing to others.

endless rewrite
11-28-2007, 03:34 AM
Marie, you did a good and brave thing and you did it with dignity, honesty and the best of motives. That in itself is a triumph - well done.

CatSlave
11-28-2007, 03:44 AM
Diddo.

Jersey Chick
11-28-2007, 03:58 AM
Oh Marie, I'm sorry - we really were behind you 100% of the way and it's great that you stood up and fought the good fight. At least now you can put it all behind you and move forward - and you're a better person for it.

Hugs and chocolate

Sheryl Nantus
11-28-2007, 04:12 AM
if nothing else, you cost PA a lot of time and trouble that they weren't prepared to deal with.

personally, I think it's sad that the legal system can't see the truth. Then again, it's not surprising...

DaveKuzminski
11-28-2007, 04:36 AM
Part of the problem is that it's been documented that many such arbitration cases are resolved in favor of the companies and not those the companies are running roughshod over. Some folks would change the many to most. At present, I don't have the reference to the article that gave the facts and figures about arbitration. Otherwise, I'd post that for everyone to read for themselves.

In the meantime, I'm struck by how the arbiters get away with it since the whole process of frequently hiding the results smacks of collusion. After all, if an arbiter was to actually commit some actual justice by publicizing the results, their services wouldn't be needed so much. Instead, the arbitration companies are guilty of helping scams hide the facts from others who follow along and see a company that's been in business for five or more years, figure it must be okay because it hasn't flopped or been put out of business by the courts, and wind up becoming victims just like others before them.

Marian Perera
11-28-2007, 04:50 AM
What matters is that you did what's right, Marie. For that, I applaud you. And there will be other battles in the future that PA will lose, of that I'm certain.

JulieB
11-28-2007, 05:20 AM
Well, dang. Sorry to hear that.

You've done a lot to bring PA's business practices to light, and that was indeed a good thing.

(My personal feeling about arbitration - and this is a general statement - is that the process is skewed towards the businesses that impose it. Except in the most outrageous of cases, it's more difficult for a consumer to win than in a court of law, IMO. On the flip side, arbitration is less expensive than a full-blown court case for both parties. My standard I ain't a lawyer disclaimer applies.)

Maddog
11-28-2007, 06:01 AM
I feel horrible for you Marie. I'm so sorry!

JimmyD1318
11-28-2007, 07:20 AM
Ohhh...Maria! I'm so sorry! This is crazy! I hate that they won one! Well...all I can do is give you this hug.:Hug2:

DaveKuzminski
11-28-2007, 07:53 AM
PA didn't win. All that happened is the arbiter denied Maria's claim.

I can't help but wonder how anyone with a sense of justice could miss seeing the preponderance of evidence in her favor. Even if both sides were equal, the arbiter should have ruled in her favor because she's in the position of the least powerful party to the dispute.

Results like this only lead me to believe the arbiter association sees this as a golden egg for them so long as PA remains in business. Even if it brings in only one arbitration case each year, that's one more than they'd otherwise have. Essentially, there's no incentive for them to rule differently. After all, ruling too often in the injured party's favor, in view of PA's known behavior, would jeopardize PA's economic stability and lose business for the arbiters.

DamaNegra
11-28-2007, 08:50 AM
Results like this only lead me to believe the arbiter association sees this as a golden egg for them so long as PA remains in business. Even if it brings in only one arbitration case each year, that's one more than they'd otherwise have. Essentially, there's no incentive for them to rule differently. After all, ruling too often in the injured party's favor, in view of PA's known behavior, would jeopardize PA's economic stability and lose business for the arbiters.

Oh, Dave, you're always sunshine and hope....

Marie, I'm sorry about the outcome. You're a really admirable person, which is reinforced by the fact that you still have your head high. You did the right thing, and that's all that matters. You're a role model for us all.

Caro
11-28-2007, 09:29 PM
I'm so sorry, Marie. You did do the right thing by pursuing this, though, and you have all my respect for seeing it through.

Onward and upwards to better things.

Sparhawk
11-28-2007, 09:42 PM
Oh, Dave, you're always sunshine and hope....


Sadly, having spent time working with the justice system (for a lawyer's office); Dave's words are more accurate than I'd like to admit.

Botom line, Maria you are a hero, in a time when most people would have buckled under, you stood up for your principals and did what was right.

BenPanced
11-28-2007, 10:20 PM
I have to agree with everybody here: Marie did the right thing. She was true to herself and stood up for what she felt was right. That alone took guts and deserves our support. :Clap:

IceCreamEmpress
11-29-2007, 12:56 AM
Well, poo.

POO!

Marie, you are awesome. Taking these scamsters to the mat is really important work, and I honor you for doing it.

allenparker
11-29-2007, 06:40 PM
You were one large paper cut. You started a small bleed and caused them to rethink their position with you.

Now, only 999 more cuts to go. With 20,000 pieces of paper laying around, there is bound to be enough for them to bleed to death.

Just a thought from the naked paper futon... awp

JerseyGirl1962
11-29-2007, 09:24 PM
What IceCreamPrincess said - Oh, poo!

And I can back up what Dave and Sparhawk said about the justice system. My hubby and I have had legal stuff (unrelated to publishing) hanging over our heads since March of this year. Friggin' March! Of course, the legal bills have piled up, and although there's been some movement since then, it's only now that the court is getting to the crux of the matter (at least, we think so; no final court date as yet).

We're hoping this wraps up by the end of the year, but who the hell knows?

Here's some hugs for ya, Marie! :Hug2: :Hug2:

Afinerosesheis
11-29-2007, 10:22 PM
Thinking of you, Marie =)

BarbJ
11-30-2007, 07:26 AM
Well, poo.

POO!

Marie, you are awesome. Taking these scamsters to the mat is really important work, and I honor you for doing it.

Diddo to this. I've had a little legal experience also, and the denial doesn't mean you didn't have a good case. "For justice to prevail, one must first shoot the lawyers..."

Ah, well, you have us! And PA doesn't have you! And you have warned away some chickens ripe for plucking. These are good things.

Thank you. :Hug2:

Tina
11-30-2007, 11:16 PM
You won because you took a stand.

:Clap:

Glenda
12-02-2007, 09:39 AM
I voice what everyone else has Marie, I'm sorry. Regardless of the out come, you did the right thing. You stood up for yourself and many others.

jamiehall
12-02-2007, 09:40 PM
You are awesome Marie! You did the right thing. Every arbritation hearing hurts PA by taking up its time and resources, so even though you didn't win, your effort wasn't wasted.:e2cheer:

NCRomanceWriter
12-06-2007, 09:43 PM
I lurk, but I just wanted to say I am so sorry to hear this.

:Hug2:

brianm
01-22-2008, 03:00 PM
Congrats, Marie!:partyguy:

JulieB
01-22-2008, 05:55 PM
Congratulations!

Jersey Chick
01-22-2008, 06:09 PM
Woo hoo! Congratulations! :D

JimmyD1318
01-22-2008, 06:50 PM
Glad to see that they let you go without a fight.

Afinerosesheis
01-22-2008, 08:57 PM
This is good news, Marie =) I am happy for you. Now maybe you can move on and put this all behind you.

burgy61
01-23-2008, 01:39 AM
Congratulations Marie, I'm happy to hear that this is over for you.

DaveKuzminski
01-23-2008, 03:07 AM
To other writers who might read this topic because it deals with an arbitration hearing against PA, I wish to pass along this information. I learned today that PA fears having any of the watchdogs (Ann, Victoria, James, others, and myself) testify because I was called as a witness and Vic Cretella objected. He obviously didn't want the information I have on hand introduced into the hearing. Fortunately, Vic's objection was overrode and I testified.

However, there is a caveat. If you call one of us, make sure you know what questions to ask. We cannot just give a narration of all the evils we have documented. You have to ask pertinent questions so we can testify properly with information sure to blow PA out of the water. If you contact us beforehand, we can even help you with some of your preparations even though those might seem inconsequential at first. Believe me, they're not. Even arbitration hearings operate based on formalities that must be met within reason.