|
AreYouIn posted:RULES OF GOON PROCEDURE Just as a point for landlord/tenant issues, some cities and counties have specific ordinances regarding landlord/tenant relationships, dealing with return of security deposit and such. So for those issues, it might not be too bad to include a county or even a city (if it's reasonable that your identity wouldn't be revealed by doing so) when asking about a situation.
|
# ¿ Feb 12, 2010 18:36 |
|
|
# ¿ Apr 29, 2024 12:54 |
|
Richard M Nixon posted:Wow...that is scary I wonder why we don't have judges and lawyers who have CS degrees (we rock the LSATs) seeing as technical law has emerged so much in the past decades. Because they get paid more money being patent lawyers or coders than they would if they did the kind of law you're talking about
|
# ¿ Feb 13, 2010 21:54 |
|
JudicialRestraints posted:We do for patent infringement and stuff like that. That said, the liberal arts degrees of most lawyers translate pretty effectively into being able to quickly pick up enough knowledge through research to try that sort of thing. Well, and from a policy standpoint, the burden is on the parties to present facts to the trier of fact, rather than the trier of fact having personal knowledge of a non-legal field and weighing it into their decision making.
|
# ¿ Feb 13, 2010 21:57 |
|
Richard M Nixon posted:I'm a CS student and I'll be going on to grad school before I am 'done'. I'm interested in forensics and cryptology (not for a living, but for fun, and I've done the DOD's forensics challenge); is there any sort of professional organization for people like me who do expert witnessing? I'd assume all you would need is a good enough degree and experience, but the other replies lead me to believe that professors get a lot of the gigs. Do big law firms (X & Y & associates or whatever the gently caress law firms call themselves) employ techies full time or contract with people to do that poo poo? Publish a lot. That'll help E: And usually there are expert witness associations for certain fields.
|
# ¿ Feb 15, 2010 00:42 |
|
GWBBQ posted:Through what I assume is some sort of logistical error, I ordered something and got it, then received another one a few weeks later and was not charged for it. I'm going to call them and let them know when I have time this week, but out of curiosity, would keeping it and not telling them about it be legal under the anti-scamming law that allows you to keep stuff for free if it's shipped unsolicited? Is it an individual or a merchant that normally sells whatever it is you ordered?
|
# ¿ Feb 16, 2010 17:48 |
|
CaptainAttitude posted:Is there any way to make an abandoned vehicle legally mine? It's in the garage of an abandoned house in Utah. 1989 Cadillac with less than 50 miles on it. Maybe start here? http://www.wikihow.com/Get-a-Title-to-an-Abandoned-Vehicle
|
# ¿ Feb 16, 2010 22:56 |
|
Andy T posted:Noise issue with tenants in my condo building Sounds like a covenant. You could sue to get an injunction.
|
# ¿ Feb 17, 2010 18:27 |
|
quepasa18 posted:It would depend on whether the value of his claim exceeds $75,000. But he might be able to get her in Florida state court. Does an Internet contract meet the minimum contacts test?
|
# ¿ Feb 17, 2010 22:28 |
|
JudicialRestraints posted:My general understanding is that for an uncompleted contract, breached by the other party, you can sue for the value of the work done (although the theory of recovery in NJ may also be unjust enrichment in which case the value you can sue for is the fair market value of the work delivered). Why can't he sue in Florida?
|
# ¿ Feb 17, 2010 22:34 |
|
Yuji posted:I have a question about the California Vehicle Code. Was she actually cited for something or what?
|
# ¿ Feb 17, 2010 23:09 |
|
Ortsacras posted:Yeah, it definitely would - she hired a citizen of that state to perform work in that state, so I can't see a court saying that isn't enough. THE LAW IN FLORIDA posted:48.193 Acts subjecting person to jurisdiction of courts of state. Go get her Tiger.
|
# ¿ Feb 17, 2010 23:13 |
|
Yuji posted:She has never received a citation for this. She should just go to the DMV and change her address. I'm assuming she got the summons that was sent to her parents' house in re: the ticket a year ago.
|
# ¿ Feb 17, 2010 23:59 |
|
Yuji posted:I don't remember if she got anything in the mail from the speeding ticket. She just went to the court house the officer told her about and paid the fine. Just mail the Change of Address form. Basically she'd only have gotten in trouble if she didn't respond to a summons (ticket) sent to her old address. They don't want to disincentivize you from keeping your correct address on file. E: Or she could just DO IT ONLINE Incredulous Red fucked around with this message at 03:29 on Feb 18, 2010 |
# ¿ Feb 18, 2010 03:27 |
|
GamingHyena posted:Hutz: Mr. Simpson, I was just going through your garbage, and I couldn't help overhearing that you need a babysitter. Of course, being a highly-skilled attorney, my fee is $175 an hour. Ainsley. This is Ainsley.
|
# ¿ Feb 18, 2010 03:30 |
|
ODC posted:Yeah, justice sounds nice and all. For me its more about financial feasibility. Will the amount I potentially collect be more than the amount spent attempting to collect it. If you had a contract for $175, I wouldn't count on collecting $1500
|
# ¿ Feb 18, 2010 20:15 |
|
JudicialRestraints posted:He should definitely check his local laws, Quantum Meruit in Wisconsin only comes into play with an express contract when the party that is getting discounted work breaks the contract. I just did some casual searching, it looks like an express agreement is a defense to a claim for quantum meruit in Florida.
|
# ¿ Feb 19, 2010 01:24 |
|
Annakie posted:Back in October I was involved in an auto accident that is indisputably the other guy's fault. Police cited him and not me, and when his insurance adjuster called me the first thing out of her mouth was "We've already accepted responsibility." My car was totaled and I've already gotten my settlement for that and bought a new car, so I don't need help with that, but I was hurt. Talk to a lawyer. It might actually expedite the process for you.
|
# ¿ Feb 23, 2010 19:50 |
|
Annakie posted:You are both right, thanks. I went ahead and contacted the local bar association and got a referral. $20 for a consultation is well worth my peace of mind. They're charging you for a consult?
|
# ¿ Feb 23, 2010 20:46 |
|
Annakie posted:http://www.dallasbar.org/public/lrs-public.asp Alright, sure
|
# ¿ Feb 23, 2010 21:44 |
|
NancyPants posted:Today I got my oil changed at an independent shop where the mechanic is a friend of my mother's. Last time I make that mistake. Wait, so you have no damages and you're asking what?
|
# ¿ Feb 24, 2010 17:41 |
|
Grumpy Paralegal posted:Never thought I'd have to ask a question that I couldn't at least find some answer to myself, but I need an independent opinion. Can an employee get respondeat superior against his employer for the tortious actions of a supervisor?
|
# ¿ Feb 25, 2010 07:38 |
|
Baruch Obamawitz posted:Possibly illegal under federal antitrust as a hypo. Might be a breach if they offered them a severance package.
|
# ¿ Feb 25, 2010 17:38 |
|
Grumpy Paralegal posted:To continue with the situation above, the boss in question is now sending harassing text messages, late at night. Does this add anything to the situation? Are they work related or just being a dick related?
|
# ¿ Feb 26, 2010 06:24 |
|
NancyPants posted:But thank you for addressing the question I asked. I wouldn't have to go over a shop's work, right, I'd just have to stop driving it when I was given an indication that something was wrong? Right. But did your car suffer any damage in this instance? Because if no, then you really don't have a cause of action (unless they somehow didn't swap out your oil or otherwise defrauded you)
|
# ¿ Feb 26, 2010 06:26 |
|
NancyPants posted:No damage this time (knock on wood), my question was really for future reference. Yeah you'd have tort / breach of contract claims. E: so long as something broke
|
# ¿ Feb 26, 2010 20:34 |
|
Busy Bee posted:I got a deferral on a speeding ticket in December, I just recently got a parking ticket for not having front plates, will that affect my deferral? Where are you?
|
# ¿ Feb 27, 2010 22:57 |
|
SWATJester posted:I'd take a look at whether the jurisdiction has support for non-compete agreements being presumptively unconscionable; or at least having a high burden to get past. It has nothing to do with a non-compete. It's a blackballing.
|
# ¿ Feb 28, 2010 20:34 |
|
SWATJester posted:It very much has something to do with the non-compete, since CEO A's actions are essentially to enforce the terms of the contract he just released the employees from. If there were some flaw in the release, the validity of the non-compete remains an issue. (And even if there weren't, the existence of the agreement and subsequent release is evidence of intent, which may or may not matter). You're talking about the contract issue, where the CEO is taking an action in contravention to the consideration offered in the contract. Since the poster was released from his non-compete, whether or not it's presumptively unconscionable is irrelevant. But calling up another CEO and saying, "Yo, don't hire my laid off guys," has nothing to do with a non-compete, and it's probably some form of anti-competitive collaboration between the two companies.
|
# ¿ Mar 1, 2010 02:15 |
|
NancyPants posted:In Iowa, the unemployment insurance guidelines state that to be eligible, you have to have lost your job through no fault of your own. Worded that way, it seems like the only way to get unemployment benefits in this state is to be simply laid off. Is there some situation I'm not aware of? Man, you're starting to be a regular around here. This site should answer most of your questions. Basically you can't quit, refuse to work, or be fired for misconduct. If you're fired and you're employer can't prove misconduct, you're good (mandatory disclaimer: IANAL)
|
# ¿ Mar 1, 2010 06:57 |
|
JudicialRestraints posted:most states allow you to quit if your boss is asking you to do something illegal/torturing you. Yeah forgot to explicitly state that. But then the burden moves to you to show that you were being harassed/forced to sexually exploit old people/etc. The link I posted gets into all those details
|
# ¿ Mar 1, 2010 08:49 |
|
SWATJester posted:This would be correct, but that's not what I'm talking about. I'm specifically pointing out the possibility that because the CEO released the contract, but then took actions in direct opposition to that, there is the possibility that he would argue that the contract was never released in the first place (possibly through some sort of defect in the modifying contract), which would put the validity of the non-compete at issue. But if he were arguing a defect in the release, he would sue the poster, and not just call up another CEO and ask him not to hire the poster.
|
# ¿ Mar 1, 2010 17:35 |
|
Sonic Dude posted:Quasi-legal question for a quasi-legal situation: Is there any chance that you actually owe this money?
|
# ¿ Mar 2, 2010 17:48 |
|
Sonic Dude posted:I do not. BBB does nothing. Try this website under Maryland: http://www.consumeraction.gov/state.shtml
|
# ¿ Mar 2, 2010 18:35 |
|
MissConduct posted:I live in Louisiana. My employer is in Pennsylvania. It's a state court matter. Tort occurred in Louisiana since the letter was (presumably) written and mailed there.
|
# ¿ Mar 3, 2010 18:45 |
|
Baruch Obamawitz posted:I'm rusty on my civ pro, but it can't be correct that he couldn't sue in Pennsylvania, could it? SWATJester posted:I'm not actually clear on who is where, but --- bolded section. I'm still taking CivPro, so I couldn't say for certain. But IIRC, libel requires a false statement and a publication of that false statement. Writing and sending the letter in LA would fulfill both requirements, so you could definitely get the letter writer there. You could probably get him in Pennsylvania under their long arm statute, too, but then it seems like you get into issues with (1) is the OP actually employed in Pennsylvania or in Louisiana?; and (2) if he, say, lost his job, did the harm occur in Pennsylvania or in Louisiana? Anyway, I think Louisiana is one of the few states that still has a defamation criminal statute. God knows if it's still enforced, but if it is, poo poo, bring the case in Louisiana and make additional trouble for the letter writer.
|
# ¿ Mar 3, 2010 21:08 |
|
dogbox posted:So, do you Yanks not have an equivalent to Wrongful Dismlssal, constructive dismissal and the implied term as to trust and confidence in employment contracts? Some states have constructive dismissal.
|
# ¿ Mar 4, 2010 01:58 |
|
carlcarlson posted:Isn't it misleading if it says I can take care of it on 3/6/10 and they're not open and I really can't? I'd like to think that something that possibly involves issuing a warrant would be a little better thought out than this. I'm certainly not going to try and test it to see where that gets me. But I wouldn't be surprised if other people have been tripped up by the error. Yeah, if they were tripped up, then they were pretty dumb. Don't test it, go in by Friday, or if you can't make it by then call the court (at least a day in advance) and see if you can get an extension to appear
|
# ¿ Mar 4, 2010 05:40 |
|
Mr. Banana Grabber posted:Quick traffic question. What happens to you really is dependent on which courthouse you have to appear at (and whether the judge is pissed off or not). If you can provide proof that you had valid insurance at the time of the accident, just didn't have proof at the time of the citation, you might be able to get the citation dismissed. Otherwise, they can level a kind of hefty fine on you. Just go in there with recent statements from your company and your card, and explain yourself to the clerk.
|
# ¿ Mar 8, 2010 06:35 |
|
nm posted:recommend calling the court. They may let you just fax in some info or come whenever you want. Saves you going to court, which is 2-3 hours of sitting on your rear end followed by 2 minutes of looking at your insurance card. This is good advice.
|
# ¿ Mar 8, 2010 07:49 |
|
|
# ¿ Apr 29, 2024 12:54 |
|
tremendous dicks posted:I got a DUI in 2004 but I guess the paperwork got messsed up and they never officially revoked my license. Now, SIX YEARS LATER, I get a letter from the DMV saying my license is suspended. Its going to gently caress me out a new job. Is there anything I can do? Is there any sort of statute of limitation (maybe not the right term but gently caress)? State is GA if it matters. What does your sentencing paperwork say?
|
# ¿ Mar 8, 2010 20:07 |