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Incredulous Red
Mar 25, 2008

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.

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Incredulous Red
Mar 25, 2008

Richard M Nixon posted:

Wow...that is scary :psyduck: 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

Incredulous Red
Mar 25, 2008

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.

Incredulous Red
Mar 25, 2008

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.

Incredulous Red
Mar 25, 2008

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?

Incredulous Red
Mar 25, 2008

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

Incredulous Red
Mar 25, 2008

Andy T posted:

Noise issue with tenants in my condo building
I own a unit in a condo high rise. Everything was fine until four months ago, when tenants moved into a unit above me. Every morning around 6am there is loud and heavy stomping that makes my ceiling shake from the walking around. They also appear to have kids that run around their unit in the evenings making the ceiling shake too. The condo documents make a provision for "quiet time" between 11pm - 8am during which tenants/owners MUST maintain quiet. I have talked to the tenants from upstairs to no effect. I also wrote a formal complaint to the board of trustees. They sent some letters to the owner and tenants but the noise is still continuing. It's pretty bad and prevents me from getting normal rest.
I am going to write another letter to the management association. Is there particular language I can use to make my point better. Also, what other tools are available to me to make this stop? I am in USA, MA.

Thanks!

Sounds like a covenant. You could sue to get an injunction.

Incredulous Red
Mar 25, 2008

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?

Incredulous Red
Mar 25, 2008

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).

If you can prove that this value would be over $75k (ha), you can sue in federal court and not have to go to NJ.

There may also be other fraud statutes in NJ that you may be able to sue under instead of breach of contract which could give you punitive damages.

That said, I'm not a lawyer, and I know nothing of the laws of either state in question.

Why can't he sue in Florida?

Incredulous Red
Mar 25, 2008

Yuji posted:

I have a question about the California Vehicle Code.

My friend moved from one county to Santa Clara County last August and she failed to notify the DMV of her change of address within 10 days. She says that she didn't know about that requirement, but I know that pleading ignorance won't save her.

My question is: How likely is she to face consequences for her late notification and what might those consequences be? The text of VC14600 that establishes the 10 day limit only describes the limit itself. The only thing I was able to find about any punishment is this page that lists a $214 fine for late notification. Does anyone else know more about any potential consequences or their likelihood?

Also, the DMV's "Change of Address" form itself omits any questions about length of time since the move. If she just snail-mails the form, how likely does anyone think that there will be trouble?

Thank you!

Was she actually cited for something or what?

Incredulous Red
Mar 25, 2008

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 choice of law question might get a bit tricky, but as a jurisdictional matter I don't think there's any problem with it.

THE LAW IN FLORIDA posted:

48.193 Acts subjecting person to jurisdiction of courts of state.

(1) Any person, whether or not a citizen or resident of this state, who personally or through an agent does any of the acts enumerated in this subsection thereby submits himself or herself and, if he or she is a natural person, his or her personal representative to the jurisdiction of the courts of this state for any cause of action arising from the doing of any of the following acts:
Operating, conducting, engaging in, or carrying on a business or business venture in this state or having an office or agency in this state.
Committing a tortious act within this state.
Owning, using, possessing, or holding a mortgage or other lien on any real property within this state.
Contracting to insure any person, property, or risk located within this state at the time of contracting.
With respect to a proceeding for alimony, child support, or division of property in connection with an action to dissolve a marriage or with respect to an independent action for support of dependents, maintaining a matrimonial domicile in this state at the time of the commencement of this action or, if the defendant resided in this state preceding the commencement of the action, whether cohabiting during that time or not. This paragraph does not change the residency requirement for filing an action for dissolution of marriage.
Causing injury to persons or property within this state arising out of an act or omission by the defendant outside this state, if, at or about the time of the injury, either: 1. The defendant was engaged in solicitation or service activities within this state; or 2. Products, materials, or things processed, serviced, or manufactured by the defendant anywhere were used or consumed within this state in the ordinary course of commerce, trade, or use.
Breaching a contract in this state by failing to perform acts required by the contract to be performed in this state.
With respect to a proceeding for paternity, engaging in the act of sexual intercourse within this state with respect to which a child may have been conceived.
A defendant who is engaged in substantial and not isolated activity within this state, whether such activity is wholly interstate, intrastate, or otherwise, is subject to the jurisdiction of the courts of this state, whether or not the claim arises from that activity.
Service of process upon any person who is subject to the jurisdiction of the courts of this state as provided in this section may be made by personally serving the process upon the defendant outside this state, as provided in s. 48.194. The service shall have the same effect as if it had been personally served within this state.
If a defendant in his or her pleadings demands affirmative relief on causes of action unrelated to the transaction forming the basis of the plaintiff’s claim, the defendant shall thereafter in that action be subject to the jurisdiction of the court for any cause of action, regardless of its basis, which the plaintiff may by amendment assert against the defendant.
Nothing contained in this section limits or affects the right to serve any process in any other manner now or hereinafter provided by law.

Go get her Tiger.

Incredulous Red
Mar 25, 2008

Yuji posted:

She has never received a citation for this.

That said, she did get a speeding ticket last year and the officer asked her whether the address on her license was current. She doesn't remember what she said, but the officer let it go. When this happened the address on her license was technically wrong: at that time she had moved out of her parent's house (the listed address on the license) and was living full time with a friend.

The above was the only incident having anything to do with the address on her license.

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.

Incredulous Red
Mar 25, 2008

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.

Would the consensus be to just mail the Change of Address form with all the information and leave it at that?

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

Incredulous Red
Mar 25, 2008

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.
Homer: We pay eight dollars for the night, and you can take two popsicles out of the freezer.
Hutz: Three.
Homer: Two.
Hutz: OK, two. And I get to keep this old bird cage.
Homer: Done!
Hutz: [proudly] Still got it.

Ainsley. This is Ainsley.

Incredulous Red
Mar 25, 2008

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.

What I'm hearing is that the number isn't necessarily $175, but the fair market value of the work I performed. That number is probably closer to ~$1500.

If you had a contract for $175, I wouldn't count on collecting $1500

Incredulous Red
Mar 25, 2008

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.

Basically, it's worth looking into but I know nothing about the law in Florida.

I just did some casual searching, it looks like an express agreement is a defense to a claim for quantum meruit in Florida.

Incredulous Red
Mar 25, 2008

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.

My shoulder got pretty messed up when I hit my airbag so for the last 3.5 months I've had to go to the doctor, go on pain meds / muscle relaxers, had a CAT scan done and just got done with a month of physical therapy, it's about at the point where it's as good as it's going to get. I also have what may be a permanent scar on my chest from the seatbelt.

I haven't consulted a lawyer yet because I've really been hoping that I can settle this whole thing without dragging it out, but I still want to make sure I get treated fairly now that it's time to start really dealing with insurance. I've kept good records on what I've spent, I have all my medical records available and followed all my doctor's advice to the letter. I've kept in touch with the adjuster and we seem to have gotten along fine this whole time.

Any general advice anyone can give me about what I need to do at this point? I've gone through a lot of pain and taken a lot of time out my life to deal with all this and I don't want to get rich off what happened to me, but what can I do at this point to make sure I'm compensated fairly? Even just pointing me in the right direction to other websites would help. Thanks! :)

Talk to a lawyer. It might actually expedite the process for you.

Incredulous Red
Mar 25, 2008

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?

Incredulous Red
Mar 25, 2008

Annakie posted:

http://www.dallasbar.org/public/lrs-public.asp

Looks like it's a standard fee for the Dallas Bar association.

Alright, sure

Incredulous Red
Mar 25, 2008

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.

The rocket scientist didn't screw on the crankcase cap when he was done. It's right on top, you can't miss it if you've ever seen under the hood of a car. In fact, it was in the way of properly closing the hood because that's how I noticed something was wrong when I got in the car.

If I had driven the car and damaged the engine through loss of oil, would they realistically be on the hook for fixing or replacing my engine? If I pay someone to change my oil, it's because the weather is crappy and I'm not in the mood to jack up the car and make sure the drain plug is tight, the oil filter has actually been replaced and is properly connected, etc. If I was going to go through that, I'd just change the oil myself.

Obviously if the low oil pressure light comes on I should not continue to drive, I should regularly check the oil level, etc, but how far do I need to go to have mitigated my damages as the law is concerned?

And it sounds backwards but next time I pay someone to change the oil, I'm just taking it to Jiffy Lube.

Wait, so you have no damages and you're asking what?

Incredulous Red
Mar 25, 2008

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.

In Ohio, if a person's boss physically threatens them several times over the course of a few weeks, and the threats are reported to the owner of the company (there is no HR department, it's just the owner, another boss, and an assistant), and after those few weeks of reported incidents, the person's boss loses control and screams at the employee, punches the air in front of the employee, calls the employee several derogatory names, culminating in balling up a bunch of paper and throwing it at the employee (and striking said employee), then throwing things off the employee's desk at the employee, and the owner still does nothing after being told what happened...

...can that employee quit and still claim unemployment? It's pretty clearly a dangerous work environment (for an office, anyway), the threatening boss is clearly having anger issues. Thoughts?

Additional Notes: No previous discipline issues; no negative reviews; boss in question has an admitted history of substance abuse. Don't know if any of that is pertinent or not.

Can an employee get respondeat superior against his employer for the tortious actions of a supervisor?

Incredulous Red
Mar 25, 2008

Baruch Obamawitz posted:

Possibly illegal under federal antitrust as a hypo.

Might be a breach if they offered them a severance package.

Incredulous Red
Mar 25, 2008

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?

Incredulous Red
Mar 25, 2008

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)

Incredulous Red
Mar 25, 2008

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

Incredulous Red
Mar 25, 2008

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?

Incredulous Red
Mar 25, 2008

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.

Incredulous Red
Mar 25, 2008

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.

Incredulous Red
Mar 25, 2008

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)

Incredulous Red
Mar 25, 2008

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

Incredulous Red
Mar 25, 2008

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.

Incredulous Red
Mar 25, 2008

Sonic Dude posted:

Quasi-legal question for a quasi-legal situation:

I've been receiving two emails a week from a company asking me to pay an "invoice" for a web hosting account that I canceled over a year ago. The "invoice" is dated on my cancellation date, and is for the six months after my account was (or should have been) closed. One emails comes from billing@[company].com, and the other comes from my email address, spoofed.

I've called, written (email and postal mail), and opened tickets in their billing system. All have been ignored. I opened one last ticket last night and was more than a little terse. I asked them, point blank, to stop harassing me.

Here's the response (emphasis mine):

The gently caress? Did he just threaten to "do better" at harassing me?

How do I stop these constant emails from a company (they're in MD, I'm in OH)? They're clearly trying to get me to sign up again by paying my "bill" and reactivating my account, but two emails every Monday for over a year is insane.

I don't want anything out of these guys (well, except to see the above rear end in a top hat fired). I just want to stop having to filter their email, and I want them to stop sending me poo poo. Does anyone know where I go next?

Is there any chance that you actually owe this money?

Incredulous Red
Mar 25, 2008

Sonic Dude posted:

I do not.

I sent a written cancellation notice (per the terms of the agreement) over a month in advance. The day that my account was to be cancelled, I got an "invoice" for another 6 months (beginning with the then-current month, which had already been paid for with their "pay for the first/last month" system when I signed up).

All of my previous (real) invoices start with 9. This most recent one starts with a 1.
When I call in, I'm asked for my invoice number. I get about three numbers out of my mouth before I'm hung up on.

It's pretty apparent to me that this is a ploy to get another $72 out of me, but I'm tired of getting their emails. At this point (based on the rear end in a top hat's response), I'm willing to put a little effort into getting them to quit rather than just filter it. I'll look into a BBB complaint, but they already have an F due to refusal to respond to "Billing or Collection Issues" so I'm not thinking that will go anywhere.

BBB does nothing.

Try this website under Maryland:
http://www.consumeraction.gov/state.shtml

Incredulous Red
Mar 25, 2008

MissConduct posted:

I live in Louisiana. My employer is in Pennsylvania.
Someone from the state of Louisiana wrote a letter to my employer that was full of lies about me - things that I can easily disprove.

This was not in an email or spoken word but in a hard copy letter.
I'm considering suing them for Libel.

My question is since the third party is out of state, is this a matter for the state of Louisiana, the state of Pennsylvania or is this a federal matter?

Side question - is there a statue of limitations on this?

It's a state court matter. Tort occurred in Louisiana since the letter was (presumably) written and mailed there.

Incredulous Red
Mar 25, 2008

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.

Incredulous Red
Mar 25, 2008

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?

(In the UK, most of the £££ in employment cases arises from claims in 'Unfair Dismissal': a statutory right not be fired in inequitable circumstances. There remains, however, the common law right to claim a breach of the employment contract, aka a claim for 'Wrongful Dismissal'. This also covers the situation where an employeee quits, but then argues that it was the employer who repudiated the employment contract (usually by an alleged breach of the implied contractual term not to act in such a manner as would undermine trust and confidence with the employee) and that the employee, by quitting, merely accepted this repudiation; because the employee was entitled to accept the repudiation and quit, he may claim that he was really 'constructively dismissed' and then sue the employer as if he had been expressly sacked from his job)

Some states have constructive dismissal.

Incredulous Red
Mar 25, 2008

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

Incredulous Red
Mar 25, 2008

Mr. Banana Grabber posted:

Quick traffic question.

I live in Colorado and got pulled over for running a stop sign. I got a warning for the stop sign but I didn't have my up to date insurance on me. I was insured at the time and I can prove this with my insurance card. Does anyone have any experience with this and know what I'm looking at punishment-wise?

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.

Incredulous Red
Mar 25, 2008

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.

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Incredulous Red
Mar 25, 2008

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?

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