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Leperflesh posted:Over in the TFF chat thread there's a discussion about how the 5th's decision in Jarkesy v. SEC, 5th U.S. Circuit Court of Appeals, No. 20-61007 could be precedent if the supreme court upholds, to basically gut every government agency's ability to regulate, including the EPA, FDA, etc. a private right / private cause of action is broadly something that occurs between two individuals / corporations, often pursuant to common law theories (breach of contract, torts, fraud), or statutory schemes that impose private rights of action public right is a a right that is primarily a concern of the public (i.e., it concerns the government, not necessarily vast civil rights litigation) and can only be conferred by the government As the Seventh Amendment refers to suits at common law, it has been traditionally limited out of certain things, including chancery courts / courts of equity (which used to be more of a distinction than it is now). similarly, you have no right to a jury trial in bankruptcy court There are, of course, a million exceptions / distinctions, squabbles over whether a claim is a common law claim or whatever. At common law, you cannot sue a sovereign. They are immune. that holds up in American courts still. So you have things like the federal tort claims act, in which the government says "okay you can sue of under there's theories and we are waiving our right to sovereign immunity, but only in these limited cases. So public rights extend from the concept that sovereign immunity allows the government to direct how disputes against the government might be resolved. these are not common law claims, so you don't have a right to a trial by jury, and thus you can be seen by an admin judge (who's judgement can be reviewed and upheld/overturned by an Article III judge). this is not a universally agreed upon legal theory - e.g., The Validity of the Public Rights Doctrine in Light of the Historical Rationale of the Seventh Amendment, https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol21/iss4/5/, and whatever crack the fifth is smoking. i hope my unstructured rambling answers your questions
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May 19, 2022 18:38
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EwokEntourage posted:i hope my unstructured rambling answers your questions It raises more questions, but that's expected and I thank you very much for this as it points me in useful directions for more of my half-assed self-study! In terms of helping me win confused arguments with other goons, I'm afraid it got me nowhere, but I'm OK with that.
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May 19, 2022 19:38
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If your house gets foreclosed and somehow at auction sells for more than the remaining balance of the loan + fees, who gets the extra money, the lender or the borrower? For the purposes of this question, this is taking place in Illinois.
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May 20, 2022 01:53
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Badger of Basra posted:If your house gets foreclosed and somehow at auction sells for more than the remaining balance of the loan + fees, who gets the extra money, the lender or the borrower? For the purposes of this question, this is taking place in Illinois. My understanding is that the owner of the house will get any excess, at least in Washington. Fully paying off the loan may include interest and fees that have racked up due to missing payments. The owner would probably be much better off selling the house if this is a possibility. asur fucked around with this message at 02:14 on May 20, 2022 |
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May 20, 2022 02:09
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Owner in Virginia. It may depend on who holds legal title until the mortgage is paid in your state between the lender and the borrower.
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May 20, 2022 05:31
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Nonexistence posted:Owner in Virginia. It may depend on who holds legal title until the mortgage is paid in your state between the lender and the borrower. This is pretty wild! I didn't realize so many states have the lender hold the title. https://realestatelicensewizard.com/title-theory-vs-lien-theory/ And Virginia is apparently actually on the Title Theory side, according to that site. So perhaps even being the title holder is not dispositive for who the profits would belong to.
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May 20, 2022 16:11
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Anyone looking for work? https://twitter.com/elonmusk/status/1527749734668050433?s=20&t=1ImgbUsOo-C5Y7xPg2FRDw
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May 20, 2022 22:40
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Ham Equity posted:Anyone looking for work? Little late to be hiring lawyers
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May 20, 2022 22:43
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Ham Equity posted:Anyone looking for work? Lol, calling it now: - Every slight against Musk's ego is a just cause. - Everything is a perceived slight.
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May 20, 2022 23:11
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Bit of a silly question, but I was thinking about it watching one of those "bad guy finds the wire tap the cops put on them" scenes in a movie. If the police have a warrant to put a wiretap or bug or similar on someone, and the person finds it and disconnects/destroys it, are they guilty of a crime in doing so? I would assume mens rea would be a tad hard to prove considering they could argue they had no idea any such tap is government-placed and could be from criminals, but I'm curious if the mere act of evading legally established surveillance constitutes some sort of crime. Also, when you have a secret warrant against you, is there some legal method of requiring the government to admit it? I'm wondering how you'd deal with an illegal wiretap without a warrant if the government could conceal whether they had a warrant or not from you, but I'm assuming things are set up so you can't just prevent the police from observing you by constantly demanding to know whether or not they have a warrant to do so.
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May 21, 2022 00:54
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Would destroying it or saying a bunch of misleading stuff be interfering with a police investigation?
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May 21, 2022 01:26
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Outrail posted:Would destroying it or saying a bunch of misleading stuff be interfering with a police investigation? If you have a wire on you that’s the least of your worries.
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May 21, 2022 02:26
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I’m pretty sure nobody in law enforcement physically taps phones anymore. Easier to get a warrant and take it to Verizon or whoever and get them to do it all digitally.
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May 21, 2022 02:31
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Iirc there was a case recently about someone removing a GPS tracker from their car, and the police tried to call it theft of their property. Yup. https://arstechnica.com/tech-policy/2020/02/removing-a-gps-tracking-device-from-your-car-isnt-theft-court-rules/
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May 21, 2022 12:21
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What’s the over/under on the number of sexual assault allegations that come out against Musk over the next year
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May 21, 2022 14:08
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bird with big dick posted:What’s the over/under on the number of sexual assault allegations that come out against Musk over the next year 2.5 because of NDAs and the general difficulty women have with coming forward.
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May 21, 2022 15:34
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Harassment or assault ? I’d say easy over on 2.5 harassment
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May 21, 2022 15:35
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Yeah for harassment and coming forwars outside of like a class action I'd set the line at 8.
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May 21, 2022 15:52
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He put a random nobody who was risking his life to save the Thai soccer kids on blast and called him a pedophile and got a California court to decide that it was really just a joke and this previously unknown dude was actually a public figure so LOL.
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May 21, 2022 19:22
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therobit posted:He put a random nobody who was risking his life to save the Thai soccer kids on blast and called him a pedophile and got a California court to decide that it was really just a joke and this previously unknown dude was actually a public figure so LOL. The court didn’t decide Unsworth was a public figure; it decided he was a private figure speaking on a matter of public concern. You can see the jury instructions yourself and note that the court instructed the jury to use the “reasonable care” standard, which is for private figures, rather than the “actual malice” standard used for public figures. The jurors are the ones who decided that it was just a joke. (Musk still sucks, and he *tried* to convince the court to rule Unsworth a public figure, but he did not succeed.)
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May 21, 2022 19:51
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In that case, there were bazingas (musk stans) on the jury and the prosecution had already ran out of ability to remove additional people from the jury. Also L. Lin Wood of the Kraken lawsuit fame was the attorney for Unsworth.
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May 21, 2022 20:37
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Whiskey smash in the rain time lol this was for the cocktail thread but please enjoy Phil Moscowitz fucked around with this message at 01:07 on May 22, 2022 |
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May 21, 2022 23:05
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Phil Moscowitz posted:Whiskey smash in the rain time Same difference.
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May 22, 2022 10:50
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Phil Moscowitz posted:Whiskey smash in the rain time Gonna make these today, recently decided I liked whiskey but have mostly just been drinking old fashioneds.
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May 22, 2022 16:06
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Phil Moscowitz posted:Whiskey smash in the rain time God drat this is good  
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May 22, 2022 20:37
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bird with big dick posted:God drat this is good I've got the 2-cup teal version of that squishy OXO measuring cup. I usr it to doctor Kraft Mac and Cheese sauce#
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May 23, 2022 14:43
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toplitzin posted:Iirc there was a case recently about someone removing a GPS tracker from their car, and the police tried to call it theft of their property. LOL - "'To find a fair probability of unauthorized control here, we would need to conclude the Hoosiers don't have the authority to remove unknown, unmarked objects from their personal vehicles,' Chief Justice Loretta Rush wrote for a unanimous court." Though I like one of the comments suggests if this is an issue for the police they should mark such devices "Property of Such-and-So Sherriff's Department" to get a theft assumption  .
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May 23, 2022 19:01
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3 or 4 weeks ago I got a settlement offer. It was very low but just over the threshold of not being totally insulting IMO. It was so low I didn't bothering suggesting a counter though and my lawyer didn't suggest doing so to me either so I guess she just went back to them with "lol naw" or whatever. Now we get another offer for 50% more than the previous offer. Now, I'd say it's kind of a no brainer that if someone was gonna be happy with 1.5x or 2x your initial offer, they'd counter with 2x or 3x or whatever. Is this just a way to get a back and forth going maybe? Just to get some kind of number out of us (beyond the enormous not to exceed type number that was in the original lawsuit filing)? I don't even know what my settlement number is tbh because it didn't seem worth wasting time thinking about it since it seems so unlikely they'd ever offer it but I wonder if I should counter with 3x medical bills or 5x medical bills or something.
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May 25, 2022 17:37
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D34THROW posted:I've got the 2-cup teal version of that squishy OXO measuring cup. I usr it to doctor Kraft Mac and Cheese sauce# We've got the 1/2 and 1 and 2cs. They all nest nicely and they're great for not spilling stuff and pretty good for hot stuff too. I usually use the 1/2c for drink mixing because it's the perfect size to measure the booze to make 2 drinks (4 oz).
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May 25, 2022 17:39
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bird with big dick posted:3 or 4 weeks ago I got a settlement offer. It was very low but just over the threshold of not being totally insulting IMO. It was so low I didn't bothering suggesting a counter though and my lawyer didn't suggest doing so to me either so I guess she just went back to them with "lol naw" or whatever. in many jurisdictions you should, at a minimum, demand they turn over the full unexhausted limits of the policy. this allows the individual you're suing to tell the insurance company if they don't settle within policy limits and you win, he's suing them for the excess, which puts additional pressure on the insurance company to settle. beyond that, your lawyer can and should be able to advise you on what you should be offering in response (or if you should continue to say the offer isn't worth countering, see you in court)
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May 25, 2022 17:53
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Yeah I wish I'd get a little more advice out of my lawyer I feel like I'm doing all this poo poo on my own.
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May 25, 2022 18:02
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bird with big dick posted:Yeah I wish I'd get a little more advice out of my lawyer I feel like I'm doing all this poo poo on my own. Send your lawyer a two-sentence email: Do you recommend I counter-offer? And, if so, what do you think is a reasonable counter-offer? (And yes, something like this is common to try and restart settlement negotiations if they are stalling out.)
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May 25, 2022 18:33
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Yeah that's what I'm gonna do, kinda, thanks. e: Can they ever make a thing out of that at trial? Like "We tried to settle and made two very reasonable offers and this guy didn't even counter offer! He's unreasonable!" I think we should probably counter offer but I think it should be like 10x their offer. bird with big dick fucked around with this message at 18:49 on May 25, 2022 |
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May 25, 2022 18:43
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bird with big dick posted:e: Can they ever make a thing out of that at trial? Like "We tried to settle and made two very reasonable offers and this guy didn't even counter offer! He's unreasonable!" If they're clever, yes, but it's difficult and complicated. As a general rule settlement negotiations are confidential. Most lawyers take that to mean that they can't bring it up at trial. However, the actual rules on settlement negotiations are a little more technical - the conversations are only inadmissible to prove liability. So there are ways to sneak it in if they're smart, but they can't use it the way you're talking about it.
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May 25, 2022 19:09
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Depends on state law. In Florida, if they beat the offer by 25%, they get to recover costs and fees since the offer was tendered. For example, offer is $100k. Jury verdict is $74k. Plaintiff, despite winning, is responsible to pay all the costs and attorneys’ fees accrued by defendant from the day of offer. Even though you won you have to pay the defense the full cost of the trial which will not be cheap.
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May 25, 2022 19:12
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Mr. Nice! posted:Depends on state law. In Florida, if they beat the offer by 25%, they get to recover costs and fees since the offer was tendered. Texas has a similar, obscure rule, but it requires a certain filing and other things. You don't get to just go look at all the emails back and forth and see if and offer was made
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May 26, 2022 02:12
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blarzgh posted:Texas has a similar, obscure rule, but it requires a certain filing and other things. You don't get to just go look at all the emails back and forth and see if and offer was made In many states these have a special name, an Offer of Judgment, and there are special rules about them. If you receive one your attorney should be highlighting it and the potential consequences of refusing the offer.
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May 26, 2022 02:39
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blarzgh posted:Texas has a similar, obscure rule, but it requires a certain filing and other things. You don't get to just go look at all the emails back and forth and see if and offer was made The rules here are the same. The offer has to confirm to statutory and procedural rules, but once served starts the clock on fee accrual.
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May 26, 2022 02:42
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Hypothetical based on something a friend is dealing with and I'm curious. Let's say I have a forums, where users spend $60 to be able to shitpost about their transformer animes or whatever. One user ends up being banned, and tells me they will sue me in small claims court in Turducken Falls for $60 as a result, unless I come there for meditation. The banning is extremely justified as they broke the ToS, legally their suit has no merit, and they would actually have to come to this side of the country to sue since the server/company is here. I can pay a lawyer to send them a letter telling them to gently caress off, but that costs money. Should I just ignore this until I'm actually notified in some way that they've filed something?
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May 26, 2022 03:13
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Volmarias posted:Hypothetical based on something a friend is dealing with and I'm curious. That’s a pretty specialized question. There’s a guy who’s pretty well known for handling this around these parts, if you have a lawsuit, if no one else can help, and if you can find him... maybe you can hire Leonard J Crab, esq.
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May 26, 2022 04:24
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