That was scumbag ASHI and EBPHI fighting our motions in a case we already won against both of them: InterNACHI Defeats ASHI in Court, Again and InterNACHI® Defeats Examination Board of Professional Home Inspectors (NHIE) in Court, Again
It is my personal legal philosophy to try to keep lawsuits going and going and going and going, even after I win, as I did in these cases. I’ve even appealed cases that I won. This strategy prevents future lawsuits.
I’ll tell you a funny story: Some plaintiff’s attorney once called inspection industry attorney Joe Ferry (who was my personal attorney in Philadelphia before he ever had anything to do with our industry) about a suit he was going to file against me. Joe suggested that he review my legal case history. The next day the plaintiff’s attorney called Joe up, thanked him (LOL) and we never heard from him again.
I’ll tell you another funny story: I got a $100 traffic ticket in Colorado. Inspection industry attorney Mark Cohen appealed it all the way up to the state Supreme Court. This is the only time in Colorado history that a traffic ticket got appealed to the Supreme Court. I won.
Anyway, if you want to adopt my philosophy, you have to be wiling to do a few things. First, when you are sued, you have to find a way to countersue the plaintiff so that they can’t get out of the ring, even after they lose. Second, you have to have the stomach to stay in court for many years. Third, you have to beg your attorneys to knowingly file motions they suspect can’t win and to look for ways to keep dragging out the case or ways to appeal, even if you win. This is difficult for most attorneys as they are accustom to their clients complaining that their case is taking too long. Also, as officers of the court, they are prohibited from using the courts as a way to punish an opponent… so you have to find somewhat legitimate arguments to keep the case going and going and going. The nicest thing about our justice system is that the wheels grind slowly. And my strategy is to cause them to grind even slower and longer. We’ll see who runs out of money first.
In the order I posted above, you can see the plaintiff dismissed their own case against InterNACHI.
A related side note: I fought an infrared camera patent troll for 7 years (where I lost initially and then finally won) to protect home inspectors’ rights to use IR cameras on home inspections. We believe we cost the plaintiff upwards of a million and a half dollars. It’s a good, short read: Nick Gromicko Wins Seven-Year Legal Battle to Protect Home Inspectors' Right to Use Infrared Cameras - InterNACHI®
There is a really good, old movie I saw as a small boy called Zulu (1964) starring Michael Caine. The Zulus attack the British Army and the British Army succeeds in holding them back. They begin to congratulate each other as they think they’ve won. But what the Zulus actually did was send in a mediocre small force just to observe the weaknesses in the British defenses. Then after they lose that battle, round two begins where the Zulus attack in full force against a tired opponent, and with the advantage of all the information previously gathered. That part of the movie had a big effect on my thinking years later, in court (which is a battlefield). Check it out: Amazon.com: Zulu : Michael Caine, Richard Burton, Stanley Baker, Ulla Jacobsson, Jack Hawkins, Nigel Green, James Booth, Paul Daneman, Ivor Emmanuel, Cy Endfield, John Prebble, Cy Endfield, Cy Endfield, Stanley Baker: Prime Video
Later, as a little boy in school, I remember our teacher Miss Kosher going around the room asking what everyone wanted to be when they grew up. I replied: “A Zulu warrior.” She didn’t know what that was. But as it turns out… I got to be one.