Ciao a Tutti,
I just spoke with our lawyer. He advised us request to withdraw our case. There are two main reasons why.
First, we will avoid having to pay the court fees. They can be from €1,000 to €4,000. (He did indicate that it is unlikely that we will have to pay this fine while we live abroad, for what it is worth.) In Italy's judicial system, the "losers" pay the legal fees; these would not be fees to our lawyer but to the Appeal Court.
Second, taking back the case lets us file it again later. If the appeals court issues a negative verdict, we can't file it again. If we withdraw the case, we can hold out hope that the Supreme Court and the Court of Rome change their orientation to cases like ours and file again when that happens (maybe, someday).
Theoretically, we could keep going with the case, hope for a positive verdict, and appeal to the Supreme Court if needed, but our lawyer thinks we have an incredibly small chance of winning at either the Appeals Court or Supreme Court. He says it's best to withdraw the case now. Additionally, filing a case with the Supreme Court would cost about €4000 to €5000. (He said that he was acting against his financial interests in advising us not to file.)
This is sad news for us. I had a pretty sad day yesterday, and I am definitely continuing to feel sad about this today. I want to know what you think, especially if you have not already shared your thoughts with me. If you want more information, please let me know. Our lawyer has asked for a decision by Monday.
I am looking forward to seeing many of you at Ben's birthday party on Saturday.
A Dopo,
Noah
I just spoke with our lawyer. He advised us request to withdraw our case. There are two main reasons why.
First, we will avoid having to pay the court fees. They can be from €1,000 to €4,000. (He did indicate that it is unlikely that we will have to pay this fine while we live abroad, for what it is worth.) In Italy's judicial system, the "losers" pay the legal fees; these would not be fees to our lawyer but to the Appeal Court.
Second, taking back the case lets us file it again later. If the appeals court issues a negative verdict, we can't file it again. If we withdraw the case, we can hold out hope that the Supreme Court and the Court of Rome change their orientation to cases like ours and file again when that happens (maybe, someday).
Theoretically, we could keep going with the case, hope for a positive verdict, and appeal to the Supreme Court if needed, but our lawyer thinks we have an incredibly small chance of winning at either the Appeals Court or Supreme Court. He says it's best to withdraw the case now. Additionally, filing a case with the Supreme Court would cost about €4000 to €5000. (He said that he was acting against his financial interests in advising us not to file.)
This is sad news for us. I had a pretty sad day yesterday, and I am definitely continuing to feel sad about this today. I want to know what you think, especially if you have not already shared your thoughts with me. If you want more information, please let me know. Our lawyer has asked for a decision by Monday.
I am looking forward to seeing many of you at Ben's birthday party on Saturday.
A Dopo,
Noah