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Vargatron
Apr 19, 2008

MRAZZLE DAZZLE


blarzgh posted:

Its super kosher

https://htv-prod-media.s3.amazonaws.com/files/20171017-114704-1508252522.pdf

I don't know why I look this stuff up. I guess it's to just reaffirm how corrupt the local government officials are.

Of course they haven't had their day in court, but these are the allegations as submitted.

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Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
When did the euphemism "non-consensual sexual encounter" first start getting thrown around? I've heard it a lot since Trump got elected. Sure seems like "rape" is more accurate and less Orwellian.

Though I guess even the Newspeak version of "rape" would be sexcrime, which is actually more accurate than "non-consensual sexual encounter."

euphronius
Feb 18, 2009

Rape in many jurisdictions explicitly means non consensual penetration of the vagina, anus or mouth (and some other cases involving people who are passed out or mentally invalid)

It has come to have a broader meaning on the internet tho. But if you are being careful and mindful of defamation and the like there may be a legal distinction in your jurisdiction.

Also many jurisdictions don’t even have “rape” but call it sexual assault or similar.

Vargatron
Apr 19, 2008

MRAZZLE DAZZLE


You know I actually had that discussion with a friend of mine today. "Rape" sounds Really Bad but when you say "non-consensual sexual encounter" it takes a bit of the sting off.


euphronius posted:

Not good !!!!

You'll be pleased to know that the person running to replace the sheriff also resigned over a sexual misconduct scandal, among other things.

My state is so hosed when it comes to public scandals. Then again, I guess it's every state.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

Vargatron posted:

https://htv-prod-media.s3.amazonaws.com/files/20171017-114704-1508252522.pdf

I don't know why I look this stuff up. I guess it's to just reaffirm how corrupt the local government officials are.

Of course they haven't had their day in court, but these are the allegations as submitted.

Just noting that this lawsuit appears to misspell the plaintiff's name and misspells the word "Sheriff" about 200 times

euphronius
Feb 18, 2009

The Right Honorable Shire-reeve

Vargatron
Apr 19, 2008

MRAZZLE DAZZLE


Phil Moscowitz posted:

Just noting that this lawsuit appears to misspell the plaintiff's name and misspells the word "Sheriff" about 200 times

Does that invalidate it? I honestly didn't pick up on that lol.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

Vargatron posted:

Does that invalidate it? I honestly didn't pick up on that lol.

It doesn't invalidate it but it's pretty funny to me, another lawyer

e. Those recorded phone calls are so scummy, what a poo poo bag

Phil Moscowitz fucked around with this message at 21:18 on Apr 17, 2018

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Phil Moscowitz posted:

It doesn't invalidate it but it's pretty funny to me, another lawyer

I sent out discovery requests to OC once and I capitalized a letter in a former company's name that was not supposed to be capitalized (think "IPhone" instead of "iPhone") and the attorney crtl+v'ed every single response with , "Defendant further objects as the request refers to "IPhone" although the company in question is correctly spelled "iPhone", and therefore for the purposes of responding, Defendant will assume the Plaintiff was referring to "iPhone for the purposes of blah blah blah."

Your spirit animal.

euphronius
Feb 18, 2009

Name actually have to be spelled right in the caption and complaint tho

Javid
Oct 21, 2004

:jpmf:
If they consistently spell a name wrong does that invalidate something like that?

IE sending a subpoena to google demanding access logs for goggle.com on a given date, or something. Are they supposed to assume they really meant google.com, or can they just correctly go "we don't own that, sorry" and make them send it again spelled right?

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

euphronius posted:

Name actually have to be spelled right in the caption and complaint tho

Yeah this is probably more important.


Javid posted:

If they consistently spell a name wrong does that invalidate something like that?

IE sending a subpoena to google demanding access logs for goggle.com on a given date, or something. Are they supposed to assume they really meant google.com, or can they just correctly go "we don't own that, sorry" and make them send it again spelled right?

If they want to be sticklers they can absolutely respond that it's not the proper entity.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

blarzgh posted:

I sent out discovery requests to OC once and I capitalized a letter in a former company's name that was not supposed to be capitalized (think "IPhone" instead of "iPhone") and the attorney crtl+v'ed every single response with , "Defendant further objects as the request refers to "IPhone" although the company in question is correctly spelled "iPhone", and therefore for the purposes of responding, Defendant will assume the Plaintiff was referring to "iPhone for the purposes of blah blah blah."

Your spirit animal.

Did you misspell your own client's name, doofus?

euphronius
Feb 18, 2009

You should never ever spell the name of a corporation wrong as they are all public.

Personal names eh . You can use some artful pleading if you don’t know but usually you should.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
It was a company that was shut down like 15 years ago and the only information I had on the name of the company was from this court order where the name was in ALL CAPS in the heading, and I wasn't about to go look for a bloomberg terminal to pull its records down to make absolutely sure I CapITAlized the RighT LETTerRs

What a bunch of nerds.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Lol joke’s on you, you sued the flesh and blood freePod on the land and not the JURIDICAL CORPORATION so you had no legal joinder under the laws of admiralty anyway

Submarine Sandpaper
May 27, 2007


Phil Moscowitz posted:

Lol joke’s on you, you sued the flesh and blood freePod on the land and not the JURIDICAL CORPORATION so you had no legal joinder under the laws of admiralty anyway

sid meier's pirates missed out when this wasn't a mini game

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.

euphronius posted:

Name actually have to be spelled right in the caption and complaint tho

I see my client’s name and other defendants names misspelled or just wrong all the time

sleepy.eyes
Sep 14, 2007

Like a pig in a chute.
What's the deal with sanctuary cities? From what I've read, the idea is the state police aren't required to do legwork for the Feds, is that correct? Is there more to it?

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.

sleepy.eyes posted:

What's the deal with sanctuary cities? From what I've read, the idea is the state police aren't required to do legwork for the Feds, is that correct? Is there more to it?

Federal government can’t force state government/employees to enforce federal law or act as federal police/officials. Also can’t de facto supplement state legislatures and various other infringements on federalism. They can, however, use finical incentives to compel state action, up to a point. It’s okay to cut highway funding to make the drinking age 21, not okay to take away Medicare funding to force the ACA expansion.

Broadly, Can’t force local cops to act as federal immigration officers, can potentially take away federal funding if the local cops don’t act as federal immigration officers

Further suggested reading:
South Dakota v dole
National Federation of Independent Business v. Sebelius
New York v. United States
Printz v. United States,
Various tedious debates in the SCOTUS thread and D&D

EwokEntourage fucked around with this message at 03:35 on Apr 18, 2018

Hot Dog Day #91
Jun 19, 2003

I don't care if names are misspelled or anything I just loving sue you and take your poo poo.

xxEightxx
Mar 5, 2010

Oh, it's true. You are Brock Landers!
Salad Prong

EwokEntourage posted:

Federal government can’t force state government/employees to enforce federal law or act as federal police/officials. Also can’t de facto supplement state legislatures and various other infringements on federalism. They can, however, use finical incentives to compel state action, up to a point. It’s okay to cut highway funding to make the drinking age 21, not okay to take away Medicare funding to force the ACA expansion.

Broadly, Can’t force local cops to act as federal immigration officers, can potentially take away federal funding if the local cops don’t act as federal immigration officers

Further suggested reading:
South Dakota v dole
National Federation of Independent Business v. Sebelius
New York v. United States
Printz v. United States,
Various tedious debates in the SCOTUS thread and D&D

Where is the scouts thread

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.
https://forums.somethingawful.com/showthread.php?threadid=3590854&perpage=40

Took me 10 mins to convince myself I didn’t spell it scouts

xxEightxx
Mar 5, 2010

Oh, it's true. You are Brock Landers!
Salad Prong
Thank you, I only do mobile and can’t search :/

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

I hope Warszawa is still alive.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo
Is it Mcro, McRO, MCRO or McRo?

Kalman
Jan 17, 2010

WhiskeyJuvenile posted:

Is it Mcro, McRO, MCRO or McRo?

McRO.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
McRO v. McWD

Harold Fjord
Jan 3, 2004
My wife earned college credits through her employer last year. This year she had them sent to her school, then a few weeks later she quit, with a full month notice, after being retaliated against for reporting discriminatory behavior. She went to her supervisor's supervisor to report her supervisor, and was written up for "going out of the chain of command". Now the credit's aren't showing up on her account. We are pretty sure the higher up in question canceled them, as he was involved in the retaliatory write-up as well as responsible for initially sending the credits to the school. These credits have been available for her use all year (she could and should have already used them fall '17) and there's nothing that says they are contingent on employment.

She has legal recourse right? We are pretty sure if she contacts a partner it'll get sorted, because the company is being sued by EVERYBODY right now, but I want to make sure there's grounds or whatever.

Thanks!

Harold Fjord fucked around with this message at 19:59 on Apr 18, 2018

Hot Dog Day #91
Jun 19, 2003

What do you mean by earned college credit and were you in the US?

Harold Fjord
Jan 3, 2004
Yes US.

She applied for them from her employer at the beginning of the school year and was "awarded" them at that time on the basis of her work the previous year, told she could use them at any time.These are credits the school gave her employer in exchange for internships. There's nothing anywhere that says they are contingent on continued employment and they can't be given to anyone else by the employer.

I guess legally the question is what kind of property interest she has in this award that they just stole from her?

Harold Fjord fucked around with this message at 13:25 on Apr 19, 2018

Hot Dog Day #91
Jun 19, 2003

They probably were contingent on continued employment. Is there an employee handbook or documents associated with the awards?

Vargatron
Apr 19, 2008

MRAZZLE DAZZLE


At the last company I was at, tuition reimbursement was contingent on completing the course with a C or higher and you didn't get the money back until after.

Harold Fjord
Jan 3, 2004

Hot Dog Day #91 posted:

They probably were contingent on continued employment. Is there an employee handbook or documents associated with the awards?

We have the application for the credits and the email informing her they had been awarded, neither mention such contingency. We also have the employment handbook which doesn't speak to it at all.

Vargatron posted:

At the last company I was at, tuition reimbursement was contingent on completing the course with a C or higher and you didn't get the money back until after.

I've seen similar. There's nothing like this here.

Hot Dog Day #91
Jun 19, 2003

What is the total value of the credits?

I suspect it will be hard to show a vested property interest in the credits, but I'll let an employment benefits attorney, if we have any, opine on that.

Harold Fjord
Jan 3, 2004

Hot Dog Day #91 posted:

What is the total value of the credits?

I suspect it will be hard to show a vested property interest in the credits, but I'll let an employment benefits attorney, if we have any, opine on that.

About $5,500.

FWIW I know the person who was supervisor at the Agency who did the actual awarding, she's no longer with that Agency but was able to clarify what she meant by some confusing language on the paperwork. Thanks for helping me narrow this issue. :)

Harold Fjord fucked around with this message at 15:03 on Apr 19, 2018

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.
Have you talked to the school? It seems odd that an employer would be able to unilaterally cancel them after informing the school to award them. School might also do it just to avoid ending up as part of any legal proceedings relating to retaliation

Harold Fjord
Jan 3, 2004

EwokEntourage posted:

Have you talked to the school? It seems odd that an employer would be able to unilaterally cancel them after informing the school to award them. School might also do it just to avoid ending up as part of any legal proceedings relating to retaliation

School confirmed that there is no policy requiring her to be a current employee to use the credits and that the supervisor involved was the person to "update the list" of credits to input. I'm not sure how we could get the school to insert themselves, it seems unlikely.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Nevvy Z posted:

School confirmed that there is no policy requiring her to be a current employee to use the credits and that the supervisor involved was the person to "update the list" of credits to input. I'm not sure how we could get the school to insert themselves, it seems unlikely.

Here are my totally non-legal thoughts on the matter:

You talk about "credits" like they're physical coins that you can hand-deliver to the school, and the company took them away from you(your wife). Do you mean "Class Credits" as in "hours completed" or like, "if your tuition bill was $10,000, you're tuition balance is now reduced by $5,500."

If this is a program through the school, I find it hard to believe there's not someone at the school with the authority to go into the computer system and type, "Mrs. Nevvy Z earned XX credits on XX/XX/201X." I would try going through the school first, and every person who tells you, "I can't do that." should probably be reminded that, "the school agreed to this arrangement with me, so you(the school) needs to find me someone who can do that." I guarantee you the President of the school can make it happen. And someone under them can, and someone under them can. You're just starting from the other end of the chain and need to go high enough up it.

I also expect that eventually someone in the chain of command will say, "Our agreement is with the employer, that they'll pay us a certain amount of money, so you'll have to go ask them." If this is a school program, I'd reply that "this is an agreement between you, me, and the employer - the fact that they're trying to stiff you(the school) is your problem, not mine."

OR

If this is all between you and your employer, i.e. they're gonna give you $5,500 as part of your compensation, but pay it directly to the school like a 401K or something, then its essentially the same as them stiffing you on your last paycheck, and you should probably file with your State's employment commission as if thats what happened.

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Harold Fjord
Jan 3, 2004

blarzgh posted:

You talk about "credits" like they're physical coins that you can hand-deliver to the school, and the company took them away from you(your wife). Do you mean "Class Credits" as in "hours completed" or like, "if your tuition bill was $10,000, you're tuition balance is now reduced by $5,500."

I don't think it matters whether they physically exist anymore than the money in your bank account, but yes, they are each an imaginary token that can be given to the school to pay the cost of a credit hour.

blarzgh posted:

I also expect that eventually someone in the chain of command will say, "Our agreement is with the employer, that they'll provide our students with internships, so you'll have to go ask them." If this is a school program, I'd reply that "this is an agreement between you, me, and the employer - the fact that they're trying to stiff you(the school) is your problem, not mine."

Bolded section is fixed to my understanding. The employer isn't stiffing the school, because the school is billing my wife for her tuition. The employer went into whatever form they submit to the school and "updated" it to remove my wife's credits. This is why we aren't pursuing asking the school to fix this, though if an attorney wanted to include the school in whatever proceeding I would understand it.

quote:

If this is all between you and your employer, i.e. they're gonna give you $5,500 as part of your compensation, but pay it directly to the school like a 401K or something, then its essentially the same as them stiffing you on your last paycheck, and you should probably file with your State's employment commission as if thats what happened.
As far as I can tell this is where we are.

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