In an attempt to prevent the release
of this information, Damon & Morey sent copyright
infringement and notice of claims for defamation letter
to Register.com. A copy of this letter can be viewed
by Clicking
Here.
When Damon & Morey’s
letter says that the Courts considered it's conflicts
of interest and that ‘The courts have called
the Company's claims "a gambit" to get
out of paying fees. In fact, the bankruptcy judge
who heard the case called Elia objections to Damon & Morey's
fee application "a
crock of baloney." So that you are on full notice
of the facts, we enclose copies of the Bankruptcy
Court's, the District Court's and the United States
Court of Appeals for the Second Circuit's decision
rejecting the Elias' claims.’
What
Damon & Morey doesn’t
tell Register.com is what it never told the Courts
or Elia, and doesn’t want you to ever know;
namely:
(1) that Damon & Morey had a contingency
fee agreement to secretly share 1/3 of all amounts
recovered by a creditor from its own client, Elia;
(2) that Damon & Morey
had falsely told the Courts that only one “rogue” attorney
was involved with the conflict when at least four
Damon & Morey attorneys and two outside
attorneys hired and paid by Damon & Morey were
involved; and
(3) that Damon & Morey had set
up its files in the names of others to conceal
the fact that it was working against its own client,
Elia. Perhaps if these Courts had actual “full
notice of the facts” including
those concealed by Damon & Morey, they would
not have called this "a gambit" or "a
crock of baloney."
Further, the Bankruptcy Judge
that made those remarks, refused to hear Elia’s
malpractice claims and said malpractice was for the
State Courts to hear. However, when Elia subsequently
brought the malpractice action in State Court, Damon & Morey
removed the suit to Federal Court and now unbelievably
argues that the Bankruptcy Judge ruled against Elia
on the very malpractice claims that the Judge explicitly
refused to hear. Elia’s motion to have the
malpractice case sent back to State Court has been
pending since March 26, 2007. |
