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Court Admonishes Attorneys for Filing Too Soon RE Malaysian Air

Scales of Justice

Lesson: Do Your Homework Before Filing Suit.

According to NBC News, a trial judge in Chicago dismissed a lawsuit filed against Chicago-based Boeing relating to the disappeared Malaysia Air flight. Perhaps taking CNN’s approach of speculation-as-news a bit too seriously, the Chicago firm asked the judge to order documents turned over regarding Boeing’s contractors, various service providers, and documents relating to the crew of the missing flight.

Discovery Has Its Time

Good-faith bases to file, as well as reasonable investigation, are prerequisites to filing in most jurisdictions. At this point, with so little known about what may have happened, it is unlikely that there would exist a good-faith basis to file suit against Boeing. The law firm’s far-sweeping approach to discovery would be commendable if the case were ripe, but you first have to have the essential facts to punch your ticket to court. In general, it is improper to file suit as a pretext for recruiting the powers of the court for discovery purposes.

Business Attorneys and Due Diligence

The takeaway is to do your due diligence and be patient. If you cannot reasonably (and, in most cases, solidly) demonstrate why somebody is responsible for your losses, you still have work ahead of you. Jumping the gun will only incur additional costs and may anger the court, which can only hurt you if and when your case does ripen. Speak with a business attorney who understands the importance of due diligence and how it works with good timing.

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