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Eric the Mauve posted:I remember reading that over 90% of all cases filed in many jurisdictions are from prisoners who have nothing better to do than file litigation all day. I'm pretty sure that was a BS republican talking point. At least since the 90's and the "Prison Litigation Reform Act," it's actually very difficult for prisoners to file most civil litigation (they have to jump through a lot of hurdles first and the prison can and often does make those hurdles insurmountable). They do file a lot of criminal re-appeals and post conviction relief and the like. Hieronymous Alloy fucked around with this message at 14:44 on Jul 28, 2018 |
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Jul 28, 2018 14:40
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Yeah I would assume all the appeals is included in that but 
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Jul 28, 2018 14:43
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Hieronymous Alloy posted:They do file a lot of criminal re-appeals and post conviction relief and the like. Also incoherent filings in high profile cases. I think the DNC / Russia case has had something like 50 “amicus” filings by prisoners.
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Jul 28, 2018 15:15
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Eric the Mauve posted:I remember reading that over 90% of all cases filed in many jurisdictions are from prisoners who have nothing better to do than file litigation all day. And the remaining 10% are murders by MS-13 members!
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Jul 28, 2018 15:33
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Here in Los Angeles I bet unlawful detainer is a lions share.
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Jul 31, 2018 21:43
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Fiance wants a prenup. Neither of us own anything but she wants to protect her pension and savings. She spoke to two lawyers: one offered to draw it up for a flat $6k, another wanted a $3500 retainer; both give a modest discount through a legal aid service. Are either of these proposals reasonable? We're in Los Angeles if that matters
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Aug 2, 2018 05:54
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tom kite posted:Fiance wants a prenup. Neither of us own anything but she wants to protect her pension and savings. She spoke to two lawyers: one offered to draw it up for a flat $6k, another wanted a $3500 retainer; both give a modest discount through a legal aid service. Are either of these proposals reasonable? We're in Los Angeles if that matters lol $6k for a zero asset prenup. LA must be the place to lawyer.
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Aug 2, 2018 06:36
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Motronic posted:lol $6k for a zero asset prenup. LA must be the place to lawyer. A government pension in the state of California is a pretty sizable asset that become a massive bargaining chip in a divorce. I dunno how much it would actually cost though.
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Aug 2, 2018 06:47
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If your fiance wants a pre-nup that's a red flag that she doesn't respect the bonds of holy matrimony as a lifelong commitment
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Aug 2, 2018 10:37
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tom kite posted:Fiance wants a prenup. Neither of us own anything but she wants to protect her pension and savings. She spoke to two lawyers: one offered to draw it up for a flat $6k, another wanted a $3500 retainer; both give a modest discount through a legal aid service. Are either of these proposals reasonable? We're in Los Angeles if that matters They would not have been reasonable when and where I practiced family law.
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Aug 2, 2018 12:33
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euphronius posted:They would not have been reasonable when and where I practiced family law. Are you including the crazy person surcharge in your assessment?
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Aug 2, 2018 12:50
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tom kite posted:Fiance wants a prenup. Neither of us own anything but she wants to protect her pension and savings. She spoke to two lawyers: one offered to draw it up for a flat $6k, another wanted a $3500 retainer; both give a modest discount through a legal aid service. Are either of these proposals reasonable? We're in Los Angeles if that matters That's fuckin nuts. Our firm in Texas does complex ones for like $1,500.
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Aug 2, 2018 14:16
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euphronius posted:They would not have been reasonable when and where I practiced family law.  I’d be surprised if a simple prenup for someone who has nothing and just wants to protect retirement cost more than a few hundred dollars.
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Aug 2, 2018 18:47
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Random question: If there isn't an explicit agreement on the price of services before services are rendered, how legally obligated is one to pay whatever the service provider charges? I keep hearing horror stories from hospitals ($12 for a cough drop, god knows how much for anything real), but do hospitals post publicly how much everything costs? I feel like they must, but everyone seems to be blindsided by the bill at the end so I'm just wondering how exactly that works and is justified legally. Obviously the approach of ," Well that's absurd, I'm not paying that," doesn't work so I'm just wondering why not?
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Aug 2, 2018 21:58
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Dreadwind posted:Random question: Lol sweet summer child
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Aug 2, 2018 22:00
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Dreadwind posted:Random question: A good question for a thread of lawyers, a profession whose final bills have definitely never blindsided anyone.
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Aug 2, 2018 22:21
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Very broad IP question. Given that IP "rights" originate from a differently constructed source than other rights in the constitution, how much leeway does the government, or the executive, have in altering or enforcing those rights. Could President Trump (with the cooperation of Congress) federalize the secret recipe for Coca Cola? How about the patent on the McRib? Would either be considered a taking necessarily subject to restitution? I know that IP is generally delegated; are there any particular limits on its delegation?
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Aug 2, 2018 22:36
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Discendo Vox posted:Very broad IP question. Given that IP "rights" originate from a differently constructed source than other rights in the constitution, how much leeway does the government, or the executive, have in altering or enforcing those rights. Could President Trump (with the cooperation of Congress) federalize the secret recipe for Coca Cola? How about the patent on the McRib? Would either be considered a taking necessarily subject to restitution? I know that IP is generally delegated; are there any particular limits on its delegation? Patents and copyrights are in effect subject to eminent domain, 28 USC 1498 Trade secrets are property subject to the takings clause. Ruckelshaus v. Monsanto
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Aug 2, 2018 23:19
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incogneato posted:A good question for a thread of lawyers, a profession whose final bills have definitely never blindsided anyone. Lawyers are actually extremely up front and detailed on costs Clients ignore the info and then call every day for 20 minutes to complain about their ex wife who didn’t return a text about a school event in 15 minutes
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Aug 2, 2018 23:33
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euphronius posted:Lawyers are actually extremely up front and detailed on costs Up front about the hourly rate, sure, but it's not always possible to say how much time will ultimately be billed to a case. I suppose blindsided can imply something misleading by the one doing the billing, which I didn't intend. I was really just making a bad joke about the fact that a contract for services does not need to state the final bill up front to be valid, as that's often impossible.
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Aug 3, 2018 00:00
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What you do is write a letter saying you disagree with the bill but offer to pay a lesser Amount and include that amount . The lawyer will cash the check and then you win because the check was full accord and satisfaction for their claims ! (This won’t work)
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Aug 3, 2018 00:03
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euphronius posted:What you do is write a letter saying you disagree with the bill but offer to pay a lesser Amount and include that amount . The lawyer will cash the check and then you win because the check was full accord and satisfaction for their claims ! It will if you include three peppercorns!
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Aug 3, 2018 01:04
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joat mon posted:It will if you include three peppercorns! This guy has the best lawyer jokes.
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Aug 3, 2018 01:19
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What's a lawyer joke that actually made you lol?
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Aug 3, 2018 01:23
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joat mon posted:What is delegation of IP? There’s also an active attempt to claim that certain administrative cancellations of patents require compensation under the Takings Clause (it won’t go anywhere). I agree that the question about IP being delegated makes no sense.
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Aug 3, 2018 01:35
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Turtlicious posted:What's a lawyer joke that actually made you lol? It's so cold outside, my lawyer is putting his hands in his own pockets
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Aug 3, 2018 01:40
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Dreadwind posted:Random question: IANAL, but I do know the answer to this question: the document you're talking about is called a chargemaster. It is completely different from hospital to hospital, and not only is it not public, but it is considered a "trade secret." There is no requirement it be reasonable, consistent, or have any sort of quality control. A doctor could prescribe you 200mg of Tylenol, and the hospital could charge you $12 for two 100mg pills one day, and $85 for one 200mg pill the next day, and that would be fine. A reporter from Vox tried to find out how much his son's birth would cost ahead of time. You can watch the video here. tl;dr: healthcare in the U.S. is completely loving insane.
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Aug 3, 2018 01:41
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Turtlicious posted:What's a lawyer joke that actually made you lol? Dewey Cheatem and Howe is always great the first time you hear it.
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Aug 3, 2018 02:59
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Turtlicious posted:What's a lawyer joke that actually made you lol? Me: does you client have a settlement demand? Any plaintiff’s attorney: my client demand $x of money
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Aug 3, 2018 04:27
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Lowness 72 posted:Dewey Cheatem and Howe is always great the first time you hear it. There's a whole family of very successful lawyers in my hometown all named Howe, too. As a result I didn't even realize that line was a joke the first couple times I heard it.
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Aug 3, 2018 05:03
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What do you call a bus full of lawyers at the bottom of the ocean? A good start.
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Aug 3, 2018 12:34
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Discendo Vox posted:Very broad IP question. Given that IP "rights" originate from a differently constructed source than other rights in the constitution, how much leeway does the government, or the executive, have in altering or enforcing those rights. Could President Trump (with the cooperation of Congress) federalize the secret recipe for Coca Cola? How about the patent on the McRib? Would either be considered a taking necessarily subject to restitution? I know that IP is generally delegated; are there any particular limits on its delegation? 28 USC 1498
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Aug 3, 2018 13:05
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Thanks for your answers. Short version is I’m contemplating systematized eminent domain-style determinations on drug patents and other FDA-subject IP, which would potentially entail shifting some responsibilities or procedures away from USPTO, either to fda or something directly administrative. Appears viable so far.
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Aug 3, 2018 13:44
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tired: don't talk to the cops without a lawyer wired: https://twitter.com/willsommer/status/1025129268920107008
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Aug 3, 2018 15:37
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I need confirmation that I'm not losing my mind on this. New Jersey Law On Venue: 4:3-2. Venue in the Superior Court (a) Where Laid. Venue shall be laid by the plaintiff in Superior Court actions as follows: (1) actions affecting title to real property or a possessory or other interest therein, or for damages thereto, or appeals from assessments for improvements, in the county in which any affected property is situate; In a real estate breach of contract case, the judge found that the venue should not be changed to the county where the real estate was located because the plaintiff was only seeking monetary damages. Judge is a massive retard, right? SickZip fucked around with this message at 17:01 on Aug 3, 2018 |
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Aug 3, 2018 16:57
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Judges can probably chance venue wherever they want.
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Aug 3, 2018 16:59
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SickZip posted:I need confirmation that I'm not losing my mind on this. Read a little further. Next section of that code clarifies that changing venue is at the discretion of the judge if venue is not proper according to 4:3-2 plus another part of the venue section may be applicable anyways if you live in a town that sits across multiple counties.
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Aug 3, 2018 17:10
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Edit: Nevermind, got it answered!
Elentor fucked around with this message at 22:25 on Aug 3, 2018 |
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Aug 3, 2018 17:15
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Mr. Nice! posted:Read a little further. Next section of that code clarifies that changing venue is at the discretion of the judge if venue is not proper according to 4:3-2 plus another part of the venue section may be applicable anyways if you live in a town that sits across multiple counties. Its not a town across multiple countries and it might be at the discretion of the judge but a little farther down: quote:At any time prior to the filing and service of the first answer Really I would have prefered "the venue isn't changing because gently caress You" to the nonsense I got. I can't say I'm filled with confidence in this judge at the moment. Now instead of going to the courthouse that I live within a mile of, that is also within a mile of the property this is about, I get to across a third of the state because the plaintiff's LLC is setup there. SickZip fucked around with this message at 17:29 on Aug 3, 2018 |
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Aug 3, 2018 17:25
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Oooh, this is very much my poo poo. Venue is mandatory in the situs of the real property only when title or the property itself is at issue. In other words, so long as who owns or has a lien on the property, who damaged the property, or in what proportion they own it is at issue in the case, then venue must be in the county where the property is situated. In the case you described, where the parties aren't fighting over the ownership of the land itself, only damages, then venue is permissive in the county where the land it situated, and also in the county where the contract was to be performed, where the breach occurred, or where the defendant resides.
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Aug 3, 2018 17:33
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