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Mr. Nice! posted:All of those fuckers saying they rely on loving fastcase is just mind boggling. It really is insufficient compared to west/lexis. …but it comes free from the bar!
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Jun 9, 2023 11:56
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Mr. Nice! posted:All of those fuckers saying they rely on loving fastcase is just mind boggling. It really is insufficient compared to west/lexis. Look, westlaw is why law firms hire interns.
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Jun 9, 2023 12:06
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Vox Nihili posted:Yes, and he's apparently still practicing: http://cghlaw.com/ So he got a 170 and still went to a dumpster like TJ, his GPA must have been like 2.1
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Jun 9, 2023 12:53
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Phil Moscowitz posted:So he got a 170 and still went to a dumpster like TJ, his GPA must have been like 2.1 Exactly what I thought. The ONLY explanation that is reasonable is that he needed to go part time.
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Jun 9, 2023 13:36
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Phil Moscowitz posted:So he got a 170 and still went to a dumpster like TJ, his GPA must have been like 2.1 Let's not be too harsh on that fact scenario.
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Jun 12, 2023 15:00
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We moved cross country (out of state) from NC to CA. Our landlord charged us almost a thousand dollars out of our deposit for some bogus stuff like removing pavers in the back yard we didn't install (looks like they've been there for decades) plus some other stuff totalling about $1700 or more than half our deposit. Pretty sure the tiny city in the middle of nowhere does not have a tenants rights group Going to look at the rental contract, I'm guessing it has something about using mediation, how do I initiate that? Just pick a mediator out of the yellow pages? Failing that can I just sue him locally in California small claims court or do I need to do that in NC? We still go back there periodically once or twice a year.
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Jun 13, 2023 19:01
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Hadlock posted:We moved cross country (out of state) from NC to CA. Our landlord charged us almost a thousand dollars out of our deposit for some bogus stuff like removing pavers in the back yard we didn't install (looks like they've been there for decades) plus some other stuff totalling about $1700 or more than half our deposit. Pretty sure the tiny city in the middle of nowhere does not have a tenants rights group You want the legal questions thread. https://forums.somethingawful.com/showthread.php?threadid=3266659&perpage=40&noseen=1#post372423651
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Jun 13, 2023 19:21
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Hadlock posted:We moved cross country (out of state) from NC to CA. Our landlord charged us almost a thousand dollars out of our deposit for some bogus stuff like removing pavers in the back yard we didn't install (looks like they've been there for decades) plus some other stuff totalling about $1700 or more than half our deposit. Pretty sure the tiny city in the middle of nowhere does not have a tenants rights group you should read the contract first
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Jun 13, 2023 20:19
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I met a lawyer tonight who just got to serve a Bitcoin address with an NFT of the court summons. Dude loving hates cryptobros so he was incredibly excited he somehow convinced a judge to let him do that.
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Jun 15, 2023 02:47
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I think you should check in with a lawyer over the new thread title
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Jun 15, 2023 04:23
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I'm coming into a case via transfer file and was looking up bios of some of the attorneys on the case. From the interests section on the firm website for one of the attorneys: Cryptozoology 1) hell yeah. Sasquatch, yeti, etc are all real. Except Nessie. 2) I bet he's a goon 3) I can't believe the firm went for that
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Jun 15, 2023 15:18
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trevorreznik posted:I'm coming into a case via transfer file and was looking up bios of some of the attorneys on the case. From the interests section on the firm website for one of the attorneys: Cryptozoology Unfortunately, he's probably deep in the conspiracy theory land and thinks the earth is flat or surrounded by a giant ice wall or something.
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Jun 15, 2023 15:43
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trevorreznik posted:I'm coming into a case via transfer file and was looking up bios of some of the attorneys on the case. From the interests section on the firm website for one of the attorneys: Cryptozoology Are you sure they're not Marshall Eriksen from How I Met Your Mother?
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Jun 15, 2023 15:44
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Has he hosed Bigfoot? C'mon we were all thinking it
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Jun 15, 2023 15:44
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Hieronymous Alloy posted:Has he hosed Bigfoot? Buddy...
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Jun 15, 2023 15:45
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Hieronymous Alloy posted:Has he hosed Bigfoot?  i keep staring at the tree image looking for clues. What does it mean? Can I see something there, for a brief second??
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Jun 15, 2023 15:51
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trevorreznik posted:
CCW? Maybe he's always packing heat.
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Jun 15, 2023 16:11
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trevorreznik posted:
That tree in the middle? Those are *feet*
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Jun 15, 2023 16:26
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Hieronymous Alloy posted:That tree in the middle? HDD furiously trying to find this guy online now
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Jun 15, 2023 16:28
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trevorreznik posted:
“Live, laugh, question everything.”
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Jun 15, 2023 16:42
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trevorreznik posted:I'm coming into a case via transfer file and was looking up bios of some of the attorneys on the case. From the interests section on the firm website for one of the attorneys: Cryptozoology Give him a break, that's one of the least offensive types of crypto people can be into these days.
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Jun 15, 2023 20:43
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q: can anyone point me to any law review articles, book chapters, or other studies of highly fractured supreme court cases, and how a majority opinion was chosen? i'm thinking of cases like casey or bakke, where no opinion got five clean votes in its entirety and there had to be a sort of political process that recognized which decision/logic was seen as controlling/guidance. i think it's unlikely that SFFA gets split like this, but i think it's possible to imagine a split where something similar happens, so looking to do some advance research.
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Jun 28, 2023 02:51
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Petey posted:q: can anyone point me to any law review articles, book chapters, or other studies of highly fractured supreme court cases, and how a majority opinion was chosen? i'm thinking of cases like casey or bakke, where no opinion got five clean votes in its entirety and there had to be a sort of political process that recognized which decision/logic was seen as controlling/guidance. Marks v. United States, 430 US 188.
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Jun 28, 2023 07:02
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JohnCompany posted:Marks v. United States, 430 US 188. thank you! I did not know about this case. follow up with an (unlikely) scenario: suppose in the initial conference, SFFA wins 5-4, with Roberts joining the liberals for UNC.* the conservative bloc splits 3:2 — say, a broad ruling from CT/NG/SA, and a narrow one from BK/ACB. the losing side from conference might have the opinion/rationale with the most votes. which is the controlling opinion — the narrow SFFA one by BK/ACB under Marks, or the UNC “losing” decision that has the most justices behind any rationale? Again, this is probably not going to happen; I’m genuinely curious about the metaphysics here, enough to jump back into this thread after many years away. *UNC because KBJ is recused from Harvard case.
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Jun 28, 2023 11:31
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Petey posted:thank you! I did not know about this case. The published opinions should specify which portions of any of the written opinions are the opinion of "the court" (has 5 votes, is law) even if there are two or more opinions where no opinion has 5 votes in full.
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Jun 28, 2023 13:42
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evilweasel posted:The published opinions should specify which portions of any of the written opinions are the opinion of "the court" (has 5 votes, is law) even if there are two or more opinions where no opinion has 5 votes in full. For a recent example: 21-1168 Mallory v. Norfolk Southern R. Co. (06/27/2023) posted:GORSUCH, J., announced the judgment of the Court, delivered the opinion of the Court with respect to Parts I and III–B, in which THOMAS, ALITO, SOTOMAYOR, and JACKSON, JJ., joined, and an opinion with respect to Parts II, III–A, and IV, in which THOMAS, SOTOMAYOR, and JACKSON, JJ., joined. JACKSON, J., filed a concurring opinion. ALITO, J., filed an opinion concurring in part and concurring in the judgment. BARRETT, J., filed a dissenting opinion, in which ROBERTS, C. J., and KAGAN and KAVANAUGH, JJ., joined. So, the opinion of the Court is just Part I (recounting the history of the case) and Part III-B ("Pennsylvania Fire controls this case.", i.e. Norfolk Southern loses). Parts II, III-A, and IV are Gorsuch + Thomas + Sotomayor + Jackson (4 justices, not the opinion of the court, basically Gorsuch's own concurring opinion that he just gets to keep with the rest of it). Jackson's concurrence is her own alone. Alito's concurrence is his alone. Barrett's dissent is Barrett + Roberts + Kagan. https://www.supremecourt.gov/opinions/22pdf/21-1168_f2ah.pdf
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Jun 28, 2023 16:37
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Petey posted:thank you! I did not know about this case. At this sort of scenario it entirely depends on the substantive content of the opinions, and how the rationales fit together. An easy, though unrelated example, is the July 2 death penalty cases, Gregg. Regarding mandatory death penalty statues in North Carolina and Louisiana, three justices opined that the mandatory death penalty was unconstitutional, and two judges opined that the death penalty was always unconstitutional. The narrower of the two opinions is treated as the Court's opinion, as it is treated as if it had five votes, since the proposition "the death penalty is unconstitutional" necessarily includes the proposition "the mandatory death penalty is unconditional." Of course it can get harder if pluralities that agree in a result have inconsistent reasoning, rather than just this broader > narrower logic, but when that happens practitioners in that area scream and raise their hourly rates and the rest of us just politely ignore it.
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Jun 28, 2023 16:41
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Not the same, but I've had to deal with Iancu v. Brunetti a lot lately, which is basically a vague majority opinion with a kajillion explanatory concurrences, and you pick the one you like the best.
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Jun 29, 2023 01:16
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JohnCompany posted:Marks v. United States, 430 US 188. TIL the US also uses neutral citations.
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Jun 29, 2023 03:47
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Appreciate it y'all.
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Jun 29, 2023 04:24
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I’m writing on behalf of my dad, who’s 80 and in poor health and now has to deal with the following headache. My dad lives in TX, the following situation is occurring in PA. My dad learned a few days ago that a distant friend of his (in PA) had died and named him the executor of her estate. She also left her house and car to him in her will, and her will stated that all her other assets were to go to a certain charity. This woman was estranged from her family, including her two adult children, and her will stated that to them she left “nothing but my love.” My dad flew from TX to PA last night to deal with this, and today learned that this woman’s son has already taken her car and her credit cards. When my dad tried to contact her estate lawyer, he learned the lawyer is on vacation in another state until the end of the month. My dad is currently staying in a motel until this estate business is handled, but he’s not wealthy and has health issues, and can’t afford to stay here for more than a week. Questions: 1. Once my dad gets the death certificate from the funeral home (in a few days), is there any kind of estate-settling business that he’d need to be there in person in PA to handle? Could he do the work from his home in TX? (He’s computer-savvy enough to handle scanning and emailing documents.) 2. What should he do about the woman’s son taking her car and credit cards? Should he file a police report? Should he notify the estate lawyer(‘s office) and leave them to deal with the theft? 3. I suggested he change the locks on her house immediately, but he said there are 3 tenants living in the house and they’d just let the son in anyway ….and actually, the woman had served the tenants an eviction notice on July 1 saying the needed to be out by the end of the month. My dad doesn’t want to enforce that and wants to give them 3 months to leave. Is he legally able to override the eviction notice like that? (Either informally by just telling the tenants they can stay, or by going through a lawyer?) 4. My bonus question: is there any way my dad can appoint someone else (like the estate lawyer, or another lawyer of his choosing) to handle all this instead of him? He hadn’t heard from the friend in years and had no idea she had named him executor until someone informed him she had died last week, and he’s not in good health and has memory loss issues. He’s really not well equipped to deal with any of this, especially the complicating business with the woman’s son and the tenants. Thanks!
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Jul 17, 2023 22:29
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your dad should be talking to the attorney or another estate/probate attorney, who will know what to do about all those questions the probate attorney doesn't have to be the attorney that prepared the will
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Jul 17, 2023 22:45
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Get a local estate attorney yesterday to handle 100% of all of this. If dad can't afford it tell them to get paid via an assignment of his beneficial interest in the estate. This may literally occupy the rest of his life otherwise.
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Jul 18, 2023 00:47
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He needs to hire a local (same county as where the women lived ) attorney tomorrow I stopped reading after the first two paragraphs or so
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Jul 18, 2023 03:54
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If he doesn’t want to deal with this and doesn’t care about getting the house or anything I’m guessing he can both decline to be the executor and renounce the inheritance. If he does want the house he needs to have a lawyer there handle it.
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Jul 18, 2023 13:31
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Thanks, everyone! I'll pass this info along to my dad.
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Jul 18, 2023 14:45
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Like seriously, call a probate attorney and get them engaged immediately. The son in this case has stolen from the estate and will drain it. The longer this goes on the bigger pain it will be to unwind.
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Jul 18, 2023 15:02
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 either or
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Jul 20, 2023 04:43
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Vox Nihili posted:
Has he ever had an attorney who didn't wind up indicted or disbarred?
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Jul 20, 2023 14:20
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Pook Good Mook posted:Has he ever had an attorney who didn't wind up indicted or disbarred? yes the ones who didn't get paid and quit
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Jul 20, 2023 15:57
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