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Saturday 18 June 2011

David J. Stern and the "Too Much Mail" Defense?



If you get a bill in the mail, let's say for your mortgage payment, and you just throw it on top of a giant pile of junk mail accumulating on your kitchen table and never do anything else with it, do you think your bank will care?

Does that mean you never have to pay it?

Now let's say you're David J. Stern and you get an Order from the 5th DCA:
Stern's attorney, Jeff Tew, said SunTrust fired Stern in mid-December, before the Feb. 16 order was issued. Also, with 10,000 pieces of mail coming into the foundering law firm every day, Tew said it's possible the notice wasn't seen.
Ok, but if you didn't get an order approving your withdrawal from the case, aren't you on the hook anyways?

And about that "too much mail" defense......seriously, in what context is that ever a legitimate defense?

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