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blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
lol

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Eminent Domain
Sep 23, 2007



Devor
Nov 30, 2004
Lurking more.
One Weird Old Trick to spend a night in jail. Bailiffs hate him!

Whitlam
Aug 2, 2014

Some goons overreact. Go figure.
Hey goons, have you ever heard of a little thing called...

Systemic injustice?

Go Google it and get back to me. :smuggo:

Leans back with a heavy sigh, exhausted but satisfied after another long day of activism.

Nice piece of fish
Jan 29, 2008

Ultra Carp
Hold the loving phone, it can be systemic???

I went through a master's in this field and nobody told me? Man am I owned

terrorist ambulance
Nov 5, 2009

Volmarias posted:

Thank goodness, you're stepping away from the one place where as a private citizen you can actually, reasonably expect to stop that steamroller if you choose. How bold!

Still laughing at this a day or whatever later

OPAONI
Jul 23, 2021
Alright, alright, you convinced me

colonel pineapple
Oct 8, 2004
to the rescue!
Can I sue a big company of which I am a customer in small claims court? I am looking for money only, an amount under the small claims limits. The company's terms say:

quote:

ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE EACH
OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY, EXCEPT AS
PROVIDED BY THE RULES OF THE ARBITRATION FORUM IN WHICH A CLAIM IS
FILED.
and

quote:

Client agrees that any controversy ... shall be resolved by arbitration, in accordance with the rules
then prevailing of any one of the following: JAMS (pursuant to JAMS's Comprehensive
Arbitration Rules and Procedures)...

However, I found this on JAMS website (https://www.jamsadr.com/consumer-minimum-standards/):

quote:

The arbitration agreement must be reciprocally binding on all parties such that (a) if a consumer is required to arbitrate his or her claims or all claims of a certain type, the company is so bound; and, (b) no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction.
Does this help me out at all?

euphronius
Feb 18, 2009

You are asking for specific legal advice so..

Normally that's a thing you pay a lawyer for.

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
Hey guys is this binding arbitration agreement binding or could I just ignore it? Do you think they'll let me just ignore the rules and be special or will they fight me tooth and nail to compel arbitration?

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
Arbitration agreements included in contracts of adhesion are monstrous and strip people of their rights and in any other world would be considered a gross violation of constitutional principles.

In the USA ityool 2021? :lol: have fun in your 'neutral' arbitration.

evilweasel
Aug 24, 2002

colonel pineapple posted:

Can I sue a big company of which I am a customer in small claims court? I am looking for money only, an amount under the small claims limits. The company's terms say:

and

However, I found this on JAMS website (https://www.jamsadr.com/consumer-minimum-standards/):

Does this help me out at all?

sure you can

the question is, does your lawsuit immediately get tossed out based on the arbitration clause you only bothered to copy bits and pieces of

Leviathan Song
Sep 8, 2010

Mr. Nice! posted:

Hey guys is this binding arbitration agreement binding or could I just ignore it? Do you think they'll let me just ignore the rules and be special or will they fight me tooth and nail to compel arbitration?

That sounds like a completely reasonable question if you're not a lawyer. It's not like the world lacks a plethora of unenforceable non-compete or release of liability clauses.

honda whisperer
Mar 29, 2009

If you don't sue them how would one start arbitration?

sullat
Jan 9, 2012

honda whisperer posted:

If you don't sue them how would one start arbitration?

Very carefully

Captain von Trapp
Jan 23, 2006

I don't like it, and I'm sorry I ever had anything to do with it.

Mr. Nice! posted:

Arbitration agreements included in contracts of adhesion are monstrous and strip people of their rights and in any other world would be considered a gross violation of constitutional principles.

In the USA ityool 2021? :lol: have fun in your 'neutral' arbitration.

So that was the thought, but there's a trend where companies are moving away from arbitration because people figured out how to file en masse and cause the company gigantic filing and legal expenses.

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.

sullat posted:

Very carefully

You contact the company and tell them the problem. If they don’t resolve, tell them to set up arbitration. If they’re still not doing it, sue and they’ll file to compel arbitration. You don’t have to get a court involved first necessarily.

euphronius
Feb 18, 2009

I’ve been at two CLEs now where corporate lawyers have said similar that arbitration is not great and they are going back to courts

euphronius
Feb 18, 2009

The reason is I think that judges are more corrupt that arbitrators which is astounding

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

euphronius posted:

The reason is I think that judges are more corrupt that arbitrators which is astounding

It's probably because the AAA charges a loving arm and a leg. I got quoted $15,000-$25,000 for a 2 day.

gently caress off, lol, me and the other side just went to Court.

euphronius
Feb 18, 2009

That sounds high

I usually see 3-6 per day

Leperflesh
May 17, 2007

So what about that "b) no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction" part, I'm curious if there's already a broad legal principle that arbitration agreements don't apply to small claims

euphronius
Feb 18, 2009

In Pa at least small claims awards can be immediately appeals de novo to common pleas

Companies don’t even show up. Well mostly don’t show up

evilweasel
Aug 24, 2002

Leperflesh posted:

So what about that "b) no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction" part, I'm curious if there's already a broad legal principle that arbitration agreements don't apply to small claims

jams just doesn’t want to get its pretty sweet gig tarred with the worst arbitration abuses

mercenarynuker
Sep 10, 2008

Lawyers in this thread: do you prefer JAMS or JELLIES. Serious answers only, we all know MARMALADES are a joke

Jean-Paul Shartre
Jan 16, 2015

this sentence no verb


mercenarynuker posted:

Lawyers in this thread: do you prefer JAMS or JELLIES. Serious answers only, we all know MARMALADES are a joke

Bush league, the lot of them. Never settle for anything less than COMPOTES.

Nice piece of fish
Jan 29, 2008

Ultra Carp

mercenarynuker posted:

Lawyers in this thread: do you prefer JAMS or JELLIES. Serious answers only, we all know MARMALADES are a joke

If you want a lawyer to consume it it has to be the product of some form of fermentation.


So probably KETCHUP

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

mercenarynuker posted:

Lawyers in this thread: do you prefer JAMS or JELLIES. Serious answers only, we all know MARMALADES are a joke

Marmalade stans represent

I'm bringing in backup






joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

JohnCompany posted:

Bush league, the lot of them. Never settle for anything less than COMPOTES.

I'll see your COMPOTE and raise you a CHUTNEY





or some MARM

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.

Leperflesh posted:

So what about that "b) no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction" part, I'm curious if there's already a broad legal principle that arbitration agreements don't apply to small claims

the arbitration agreement itself probably has some language about not precluding small court claims, a lot of them have that provision

AAA sucks donkey dick. They wanted $3000 from my client to review an arbitration clause my client didn't even write.

colonel pineapple
Oct 8, 2004
to the rescue!

euphronius posted:

Normally that's a thing you pay a lawyer for.
The dispute is over $1,000. The two attorneys I reached out to said it wasn't even worth talking to me based on that alone.

EwokEntourage posted:

the arbitration agreement itself probably has some language about not precluding small court claims, a lot of them have that provision
It doesn't. Re-reading the JAMS website, it looks like the "no party shall be precluded from seeking remedies in small claims court" language has to be there for JAMS to administer the case, but the agreement only says JAMS Comprehensive Arbitration Rules and Procedures can be used---leaving open the option that someone else could administer pursuant to those rules.

An additional complication is apparently I "agreed" New York courts have jurisdiction and that that's not inconvenient for me. :lol:

So I'm going to try my luck at self-representing in arbitration.

evilweasel posted:

jams just doesn’t want to get its pretty sweet gig tarred with the worst arbitration abuses
AAA has a similar rule https://www.adr.org/sites/default/files/Consumer%20Rules.pdf (page 15).

Grumpwagon
May 6, 2007
I am a giant assfuck who needs to harden the fuck up.

An insurance agent was attempting to sell me umbrella insurance today and it brought up an interesting legal hypothetical that I thought I would ask here.

In a situation where I was at fault in a collision and the other person chose to sue me above the limits of my current auto policy, are assets in a 401k or IRA exempt from a judgment? I'm aware this may be a state by state issue, but it is a true hypothetical so feel free to use whatever state you're aware of.

Unsurprisingly the insurance agent was very adamant that they were not protected, but my understanding was that they were (though to be clear I am not a lawyer and this was just based on some googling plus a former career as a credit card collection agent).

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
I only know the difference between JAM and JELLY

Harold Fjord
Jan 3, 2004
VA-A-ASELINE

bird with big dick
Oct 21, 2015

You can’t spend money in a 401k as soon as you take it out I’m gonna garnish it and also seize the cherry 1981 Ford Fairmont you bought with your mandatory minimum distribution.

Tyro
Nov 10, 2009

blarzgh posted:

I only know the difference between JAM and JELLY

I was waiting all day for someone to make this joke

toplitzin
Jun 13, 2003


When there is a situation where invites for zoom based court dates go out to the wrong email (repeatedly), what's the best course of action?
It's not like there's a process server at the door realizing "oh, you are not the right person. my bad."

Tell the court they sent the email to the wrong person several times and hope its good enough/wash your hands of it?
Join anyway and explain you are the wrong John Jacob Jingleheimer Schmidt?

It's not like the this JJJS would be in contempt, but it might make life difficult for the right JJJS.

Marshal Prolapse
Jun 23, 2012

by Jeffrey of YOSPOS

toplitzin posted:

When there is a situation where invites for zoom based court dates go out to the wrong email (repeatedly), what's the best course of action?
It's not like there's a process server at the door realizing "oh, you are not the right person. my bad."

Tell the court they sent the email to the wrong person several times and hope its good enough/wash your hands of it?
Join anyway and explain you are the wrong John Jacob Jingleheimer Schmidt?

It's not like the this JJJS would be in contempt, but it might make life difficult for the right JJJS.

I'd contact the Court. At that point it's on them. Well unless there is info to find the original person.

BigHead
Jul 25, 2003
Huh?


Nap Ghost

toplitzin posted:

When there is a situation where invites for zoom based court dates go out to the wrong email (repeatedly), what's the best course of action?
It's not like there's a process server at the door realizing "oh, you are not the right person. my bad."

Tell the court they sent the email to the wrong person several times and hope its good enough/wash your hands of it?
Join anyway and explain you are the wrong John Jacob Jingleheimer Schmidt?

It's not like the this JJJS would be in contempt, but it might make life difficult for the right JJJS.

Call the JA and inform them, call the other JJJS's office and leave a message with their secretary, never think of it again. Is this one court clerk who hosed up entering the EOA or is this a small town where you two generally always get mixed up? Or is JJJS not a lawyer?

If he's not a lawyer, then reversing something like a default judgment or a warrant is a huge pain. Decrease entropy in the universe and help the unlucky sap out. Call or email the judicial assistant on the case and explain that you are JJJS with this birthday, they are looking for JJJS with that birthday.

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khazar sansculotte
May 14, 2004

I thought this was a simple question, but I'm having a surprisingly hard time finding an answer just searching online.

Can a 401(k) plan offer different employer contributions to different employees? Like, most people get a 3% match, but a few get a 10% match (e.g., in exchange for foregoing some other benefit, or some kind of performance bonus, or maybe for no reason in particular). I gather that there are issues with this if the employees getting the higher contribution are "highly compensated," and the employees getting the lower contribution are not, but what if all employees in question are not "highly compensated"? Is it possible to set up a 401(k) plan that does this?

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