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airport lease comment

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  • Jurydoctor@aol.com
    If the lawyer feels that no lease could be written that would not vioate the Sherman Act, why did he write a lease? didn t he still make matters worse?
    Message 1 of 4 , May 5 6:39 PM
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      If the lawyer feels that no lease could be written that would not vioate
      the Sherman Act, why did he write a lease? didn't he still make matters worse?
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    • suesarkis@aol.com
      In a message dated 5/5/2009 6:40:40 P.M. Pacific Daylight Time, Jurydoctor@aol.com writes: If the lawyer feels that no lease could be written that would not
      Message 2 of 4 , May 5 7:58 PM
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        In a message dated 5/5/2009 6:40:40 P.M. Pacific Daylight Time,
        Jurydoctor@... writes:

        If the lawyer feels that no lease could be written that would not vioate
        the Sherman Act, why did he write a lease? didn't he still make matters
        worse?


        ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

        I would think so. However, we do not have any information on what he
        advised his clients about. If counsel advised and the client went forward
        anyway, counsel's hands were tied.
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      • Jurydoctor@aol.com
        If it is sherman or clayton anti-trust acts, I think it is a weak argument. If it is a different federal law I would have to look at it. However, to the extent
        Message 3 of 4 , May 6 6:50 AM
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          If it is sherman or clayton anti-trust acts, I think it is a weak argument.
          If it is a different federal law I would have to look at it.

          However, to the extent that the law does apply, the malpractice is
          terminating the lease and charging the client for the agreement.

          If the law does not apply, add the termination agreement as well.

          Lost profits would be measured based on percentage of fuel sales lost to
          the competitor.


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        • Jurydoctor@aol.com
          Based on what I have read the company would have been better off if no lease had been written. Therefore, the lawyer should do no harm . Why would a lawyer
          Message 4 of 4 , May 6 6:53 AM
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            Based on what I have read the company would have been better off if no
            lease had been written.
            Therefore, the lawyer should "do no harm".
            Why would a lawyer generate an illegal lease? Follow the money...
            If I were the company I would argue that that is malpractice to write a
            lease that violates monopoly laws and that is the malpractice.
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