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BonerGhost posted:A fun hypothetical: If Bloomberg signs the contract Warren drafted for him, does that If I buy one of those pre-written contracts at Staples, does that make Staples my lawyer?
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Feb 21, 2020 17:16
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FrozenVent posted:If I buy one of those pre-written contracts at Staples, does that make Staples my lawyer? Staples doesn't have a license to practice law, as far as I know, so going with no on that one. I'm not seriously suggesting it would make Warren his lawyer. But generally if you have a lawyer draft a contract for you, they'll be real clear about whether they're representing you, no?
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Feb 21, 2020 18:10
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BonerGhost posted:Staples doesn't have a license to practice law, as far as I know, so going with no on that one. my lawyer can draft a contract that i, or my lawyer, presents to you as our proposal for what you should sign. that is not either of us giving you legal advice, and the only potential ethical issue would be if there was any reason for you to believe my lawyer was your lawyer
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Feb 21, 2020 18:12
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DaveSauce posted:How does that work logistically? Are both parties charged together and tried together? Or are parts separate (due to the potential for varying degrees of responsibility, like one side initiating the bribe, or the other maybe not clear that it's a bribe)? Yes, they are implicated together. In fact, about a third of the Alaska State Legislature, and one US Senator, were tried with an oil company and an oil company exec. There's a Wikipedia article, "Alaska Political Corruption Probe". There were some issues with the prosecution that led to some disciplinary action and at least one prosecutor committing suicide, so it's a pretty dark story. Our state law makes it a crime to confer, offering to confer, agreeing to confer, accepting or agreeing to accept a bribe.
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Feb 21, 2020 18:18
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evilweasel posted:my lawyer can draft a contract that i, or my lawyer, presents to you as our proposal for what you should sign. that is not either of us giving you legal advice, and the only potential ethical issue would be if there was any reason for you to believe my lawyer was your lawyer E.g., Does a landlord become your lawyer when he hands you a rental contract to sign
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Feb 21, 2020 18:20
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So if someone gives me a briefcase of cash saying 'here's some bribe money, do the thing'. And I take the money and say 'gently caress you, I'm reporting you to the cops'. Can I keep the money (assuming I don't get my legs broken)?
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Feb 21, 2020 18:21
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Outrail posted:So if someone gives me a briefcase of cash saying 'here's some bribe money, do the thing'. And I take the money and say 'gently caress you, I'm reporting you to the cops'. Can I keep the money (assuming I don't get my legs broken)? No
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Feb 21, 2020 18:22
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Outrail posted:So if someone gives me a briefcase of cash saying 'here's some bribe money, do the thing'. And I take the money and say 'gently caress you, I'm reporting you to the cops'. Can I keep the money (assuming I don't get my legs broken)? If someone gives you weed, and you say no gently caress you plz help cops, you don't get to keep the weed. The money is evidence.
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Feb 21, 2020 18:24
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Okay, so you gotta hide half the money first.Look Sir Droids posted:If someone gives you weed, and you say no gently caress you plz help cops, you don't get to keep the weed. The money is evidence. If I went to the cops they'd tell me to stop being weird and smoke my weed. 
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Feb 21, 2020 18:25
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That’s accepting the bribe, friend.
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Feb 21, 2020 18:26
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Also there will rules against you accepting gifts anyway so you will be in violation of those
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Feb 21, 2020 18:33
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Is "I was about to report this attempt at bribing me to the cops" a plausible defense against a charge of receiving a bribe? Let's assume I'm also claiming the bribe was unsolicited.
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Feb 21, 2020 20:01
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It takes like 2 seconds to call the attorney general so what was the delay.
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Feb 21, 2020 20:02
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What’s the line between paying a bribe and being extorted?
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Feb 21, 2020 20:07
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Badger of Basra posted:What’s the line between paying a bribe and being extorted? They're two different things?
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Feb 21, 2020 20:15
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Badger of Basra posted:What’s the line between paying a bribe and being extorted? Usually cocaine.
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Feb 21, 2020 20:32
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Nice piece of fish posted:Usually cocaine. That's a different kind of line.
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Feb 21, 2020 22:17
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I bought a refurbished Pixel phone in August 2017. The microphone on it had a design flaw and died a little over a year ago. Google knew about this defect and admitted it's existence in March 2017. Google just settled a class action lawsuit related to the defect. I thought I was a party to the lawsuit but since I bought a refurbished phone it turns out I'm not. Ohio product liability laws should still apply even if it was a refurbished device correct? http://codes.ohio.gov/orc/2307.71 Also if I file a claim in small claims court can I just serve Google's office here in Ohio?
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Feb 26, 2020 17:00
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Hashtag Banterzone posted:I bought a refurbished Pixel phone in August 2017. The microphone on it had a design flaw and died a little over a year ago. Google knew about this defect and admitted it's existence in March 2017. Google just settled a class action lawsuit related to the defect. I thought I was a party to the lawsuit but since I bought a refurbished phone it turns out I'm not. the timing here seems to be a big issue here, where you bought the phone well after public disclosure of the defect
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Feb 26, 2020 17:18
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Hashtag Banterzone posted:I bought a refurbished Pixel phone in August 2017. The microphone on it had a design flaw and died a little over a year ago. Google knew about this defect and admitted it's existence in March 2017. Google just settled a class action lawsuit related to the defect. I thought I was a party to the lawsuit but since I bought a refurbished phone it turns out I'm not. What are your damages under the product liability theory quote:(13) "Product liability claim" means a claim or cause of action that is asserted in a civil action pursuant to sections 2307.71 to 2307.80 of the Revised Code and that seeks to recover compensatory damages from a manufacturer or supplier for death, physical injury to person, emotional distress, or physical damage to property other than the product in question, that allegedly arose from any of the following: Suing google is probably going to need you to have a lawyer
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Feb 26, 2020 17:22
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evilweasel posted:the timing here seems to be a big issue here, where you bought the phone well after public disclosure of the defect I should clarify that by "admitted" I mean a Google engineer posted on the Google support forums that some phones have a design defect that causes the microphone to break. Google did not publicize the problem, issue a recall or stop selling the model. I called Google when the phone broke and was told it was out of warranty and there was nothing they could do.
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Feb 26, 2020 17:29
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Devor posted:Suing google is probably going to need you to have a lawyer there's no chance a lawyer is ever worth it for this. but just because you went to small claims court doesn't mean google won't show up. the first case i got to argue was for a firm client that got sued in small claims court and my firm sent me as a favor to argue it. needless to say things didn't go well for random guy trying to litigate against even a baby litigator but on the other hand all it will cost you is your time, so if you're bored why not. bear in mind, however, that a settlement is not evidence so you better bring actual evidence.
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Feb 26, 2020 17:42
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evilweasel posted:there's no chance a lawyer is ever worth it for this. but just because you went to small claims court doesn't mean google won't show up. the first case i got to argue was for a firm client that got sued in small claims court and my firm sent me as a favor to argue it. needless to say things didn't go well for random guy trying to litigate against even a baby litigator Google will send someone to small claims court. Sometimes you can sneak one by a giant company, it slips under company legal's radar, and you get a default, but then good luck collecting. Also, you need to serve Google's registered agent in the state you're in. Go to the Secretary of State website and search for Google entities. It's probably CT Corp. In sum, you would want a lawyer and it's unlikely this is worth a lawyer's (or your) time. You may get a split the baby verdict in small claims. How much was your phone? $700? So $350. The lawyer will cost more than that.
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Feb 26, 2020 17:52
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Even if you win they can just appeal to a real court too and then what. You going to trial over 700$? No.
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Feb 26, 2020 18:03
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euphronius posted:Even if you win they can just appeal to a real court too and then what. You going to trial over 700$? No. I mean yes, but lol Google is not appealing an L in small claims. It's not worth their legal fees either.
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Feb 26, 2020 18:49
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Look Sir Droids posted:I mean yes, but lol Google is not appealing an L in small claims. It's not worth their legal fees either. appealing small claims court verdicts would be less about it being cost-effective for that one case, and more about deterring people from making a habit of suing them in small claims court which is worth it overall
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Feb 26, 2020 18:53
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Does a loss in small claims court create legal precedent, such that in subsequent cases anyone could cite that first case and get a quick judgement? e. Also would they actually incur lots of fees, given their legal team is presumably on retainer?
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Feb 26, 2020 18:53
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It would come down to the internal dynamics of googles legal team and deals with local counsel which we don’t know.
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Feb 26, 2020 18:54
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Leperflesh posted:Does a loss in small claims court create legal precedent, such that in subsequent cases anyone could cite that first case and get a quick judgement? No.
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Feb 26, 2020 18:55
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evilweasel posted:appealing small claims court verdicts would be less about it being cost-effective for that one case, and more about deterring people from making a habit of suing them in small claims court which is worth it overall I deal with a lot of small claims cases for my company. The risk there is typically deemed not high enough to appeal if we lose. And these are sometimes sensitive issues that the company does not really want to litigate. If you take it up to big boy court level, in addition to increasing your costs, you're also going to increase publicity. Nobody cares or notices with small claims court. They will notice with real court. It's a case by case calculus, but you're not going to stop people that abuse small claims simply by appealing. Edit: In other words, it's more likely the company needs to see a lot of activity in small claims over that one issue/product before they decide to bother with appealing tiny adverse judgments. Look Sir Droids fucked around with this message at 19:05 on Feb 26, 2020 |
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Feb 26, 2020 18:59
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evilweasel posted:there's no chance a lawyer is ever worth it for this. but just because you went to small claims court doesn't mean google won't show up. the first case i got to argue was for a firm client that got sued in small claims court and my firm sent me as a favor to argue it. needless to say things didn't go well for random guy trying to litigate against even a baby litigator Yeah I need to figure out what evidence I should present. Am I allowed to just copy and paste the parts I want from the class action complaint? https://www.classlawgroup.com/wp-content/uploads/google-pixel-microphone-defect-lawsuit.pdf I spent $450 on the phone and the class action would've entitled me to $350, so I feel like it's worth a try.
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Feb 26, 2020 19:14
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You are now literally asking for legal advice
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Feb 26, 2020 19:19
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euphronius posted:You are now literally asking for legal advice I just want to make sure that it's ok to repurpose the allegations of that complaint. All of the research and citations would save me hours of work.
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Feb 26, 2020 19:44
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Hashtag Banterzone posted:I just want to make sure that it's ok to repurpose the allegations of that complaint. All of the research and citations would save me hours of work. The answer to which is literally legal advice. If you want to piss away hours of your life and hundreds of dollars, what's a few hundred more? Ask your lawyer. E: literally the second paragraph of the op my friend
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Feb 26, 2020 19:53
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Sorry I just meant from a plagiarism perspective. I figured the complaint was public domain but this article suggests otherwise https://www.lawyersmutualnc.com/blog/cut-and-paste-can-lead-to-a-plagiarism-claim
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Feb 26, 2020 19:59
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euphronius posted:You are now literally asking for legal advice
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Feb 26, 2020 20:04
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Do judges ever sanction people for being terrible pro se lawyers in small claims court or is it just the wild west
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Feb 26, 2020 20:10
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Devor posted:Do judges ever sanction people for being terrible pro se lawyers in small claims court or is it just the wild west Its just the wild west, it basically never happens. What's more likely to happen if you're an rear end in a top hat of a complaintant is the JP judge will decide he doesn't like you and find against you out of spite.
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Feb 26, 2020 20:21
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I am reading this ruling: https://www.leagle.com/decision/inbco20190221935 The case is about the competing interests in the Buck Rogers intellectual property, which is disputed between at least three entities; two trusts each of which claims ownership, and a film company that claims the IP is now in public domain but which has been willing to negotiate a settlement. The crux of this particular hearing is the eligibility of one of those trusts for Chapter 11 bankruptcy: the court found that because the trust is not a "business trust," it is not eligible. My question is: if a trust has incurred debts far beyond its assets, and is not entitled to bankruptcy relief, then what happens? If it has few or no assets, surely the question of relief is moot, because the creditors can't lay claim to any assets sufficient to pay them what they're owed. Do the trustees somehow become personally liable for the debts incurred by the trust? Or maybe the beneficiaries? I suppose the trustee would argue that they thought the trust would prevail in court and wind up in full possession of the IP in question, the subsequent exploitation of (licensing or sale) would pay all incurred costs plus money to benefit the beneficiaries. Or if the beneficiaries somehow were liable, that'd be pretty hosed up, right, they trusted that their trustee would act in their interests and instead they wind up owing lawyers half a million dollars and wind up in personal bankruptcy instead?
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Feb 26, 2020 20:39
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The answer to your question would entail jurisdiction specific research and a more developed facts.
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Feb 26, 2020 20:47
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