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oliveoil
Apr 22, 2016
I want to sell some things online but I heard that one of the bigger players in this space has a reputation for bullying competitors out of business with bullshit lawsuits.

I'm thinking of starting an LLC somewhere privacy-friendly like Wyoming or New Mexico while making the products in and shipping them from New York.

What kind of lawyer do I need to look for and does anyone have any idea how much it will cost to come up with a plan to make it hard enough to find me that I'll be cashflow positive before I get sued and perhaps point out some things I can do to mitigate the risks / reduce the chances that the veil could be pierced?

The business can be started with a few thousand bucks so if I get sued out of business, I'm not worried. I'm more worried that somehow my personal assets will be at risk or that the competitor, run by a guy known for being sort of crazy and aggressive, may try to hire a PI to find and serve me personally with a bogus lawsuit that even he knows is bullshit.

Do I need to look for two lawyers, one in my LLC state and one in the state where I live (New York)?

oliveoil fucked around with this message at 22:12 on Mar 9, 2019

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oliveoil
Apr 22, 2016

blarzgh posted:

Probably just the LLC state, and you can just Google "Lawyer LLC [state]" and see what comes up.

CarForumPoster posted:

May want to consider Stripe Atlas as a cheaper and easier alternative.

Thank you both! I'll try both of those things.

oliveoil
Apr 22, 2016
Friend of mine is suing a doctor for malpractice. From what he told me, the doctor gave him at best unintentionally disastrous advice, at worst deliberately tried to disable him. Resulted in permanent, incurable, and total destruction of a key factor in basic human happiness.

Doctor's lawyers found his ex-wife, who is a truly awful human being in many ways. They haven't been together in years but she is implying that she will be available to tell the court he's lying about everything unless he gives her money and gets back together with her.

His lawyer now wants to settle the case immediately for much less than he thought he'd get. This seems insane to me. His ex wife is not a citizen, she's here illegally, he's had multiple orders of protection against her for stalking him. Even if this goes to court and she is there to lie and claim he's faking it, how the hell would that be credible? It's not like she'd be in a position to know about it, he left her before anything happened.

Fwiw this is all second hand info, so maybe I misunderstood something. But this seems like an egregiously ridiculous outcome

oliveoil fucked around with this message at 17:03 on Dec 7, 2022

oliveoil
Apr 22, 2016
Yeah basically he cannot climax anymore following a surgery that he says mutilated his dick in a way he insists any other surgeon would say was done completely wrong. He can physically have sex but not finish.

I figured he should be able to just have other surgeons say it was hosed up and maybe his psychiatrist or counselor could chime in.

Instead it sounds like the whole thing is about to fall apart for him. It blows my mind that one lady's testimony could change his lawyer's mind from thinking it's an easy $1-2m to wanting to settle for maybe 10-20% of that.

dpkg chopra posted:

I guess what's weird to me is why would the plaintiff's credibility even be a factor in the trial. Idk how it works in the US, but when I've had to deal with torts claims there's expert witness to give opinion on whether the plaintiff has been significantly disabled, and whether the physician followed best practices.

I can only imagine a non-expert witness testimony's mattering at all if we were talking about strictly psychological trauma like "I don't have any visible scars or injuries, but I can't sleep at night after what happened to me", and even then a psychologist or psychiatrist would have to give their expert opinion on that.

i don't know how any of that works either but that's what I assumed.

And even if the ex wife is credible then I don't see why he can't bring in two women he's dated who can support him.

oliveoil fucked around with this message at 18:39 on Dec 7, 2022

oliveoil
Apr 22, 2016
Oh, maybe that's why his lawyer wants to settle. He's working on contingency, so things are getting more complicated and he's not getting paid for it?

oliveoil
Apr 22, 2016
gently caress, that's awful. I guess the best I can do is buy him a drink the next time I see him. Sad to see this woman is still able to show up and gently caress with him in ridiculous and unexpected ways.

Thank you all for explaining why it's turned out like this.

oliveoil
Apr 22, 2016

evilweasel posted:

that level of collapse in the case from $1-2m to 100k-400k seems overreacting to me, but I don't know the facts and the costs involved

if i were him i'd sit down and go over the issue in detail with the lawyer and go over what the lawyer is concerned will be said, things that might exist to disprove it, and come up with an idea how you'd litigate it if you went forward, and then start deciding on risk-adjustment

Hypothetically, if a lady went to a surgeon for a labiaplasty and woke up with a clitoridectomy, aka female genital mutilation, a practice banned in some places and typically performed only to deliberately ruin sexual enjoyment, would that still seem like overreacting?

If you go to a surgeon because you don't like the way your balls look, or hell maybe you just want your foreskin gone, and you wake up to find half the head of your dick is missing, I don't see how even God himself could credibly testify against you.

I feel like you should just be able to pull your pants down and have a doctor shine a flashlight on you and then everyone gasps and you're done. Goddamn it, seeing someone get away with this poo poo makes me so angry.

I'll ask if they sat with their lawyer and had them explain what they're afraid of but I'm getting increasingly sad that this is gonna be yet another person I know who got their life ruined by some rear end in a top hat completely legally with virtually no consequence.

oliveoil
Apr 22, 2016
No, that's exactly what I'm referring to. I'm trying to figure out if there's a possibility their lawyer might be overreacting more than evilweasel wondered after clarifying that this was objectively a mutilation, not something that might visually look fine to an observer while ultimately requiring belief in the patient's word that something wasn't right.

Like any way you look at it, it's objectively mutilation. For a woman it would be mutilation by definition. For a man, it would be mutilation by... Just looking at it.

And I guess what I'm really wondering is at what point one should consider seeking a second legal opinion or if that's even feasible at this point. I don't want to see them give up and then years later find out their lawyer's concerns were invalid. Happened to a buddy of mine who was permanently disabled after a car accident. Lawyer said nothing could be done since the offender stole the car. Years after the statute of limitations expired, it turned out there was no evidence of the car being stolen.

Really don't want to see that one again.

oliveoil fucked around with this message at 22:24 on Dec 7, 2022

oliveoil
Apr 22, 2016
drat. I guess no matter how obvious something seems, the other side can think of something to raise doubt. That's so depressing but I guess it makes sense. Thank you.

Sadly, I don't know any more details than that. Patient showed up for a simple cosmetic procedure, woke up missing the important parts. "Prove you had anything to remove in the first place" is not a defense I'd have expected but oh well. Still infuriating to think someone gets away with this. Can't imagine what I'd do if it happened to me.

oliveoil
Apr 22, 2016

evilweasel posted:

...

Because I think the lawyer may be overreacting is why I'm suggesting they work through the whole situation at a minimum. I don't want to say the lawyer is overreacting because I do not know the facts, but that dramatic a change in settlement posture warrants a lot of thinking through.

As a practical matter, for a contingency lawsuit, it's hard to get a good second opinion because if you fire your existing contingency lawyer they can assert an entitlement to get paid that competes with the new guy's entitlement to get paid.

That makes sense. Bummer that it sounds like there's nothing else that can be done here but thank you for explaining further.

oliveoil
Apr 22, 2016
Sorry, not a lawyer so I have no idea if mentioning the specific issue could be a risk to their case so I opted not to say.

oliveoil
Apr 22, 2016
Appears that I'm getting sued in a state I used to live for $20k in unpaid credit card debt. Old roommate accepted. What kind of lawyer do I need to make this go away? I can throw like $3-5k at this no problem but any more than that would be a pain.

oliveoil
Apr 22, 2016
Thanks everyone! Found a debt settlement attorney that says they can probably help me settle for half the amount over about two years, and only about $2k in up front fees. That's pretty much the ideal outcome for me because I want to keep my savings to trade options with over the next few months rather than hand it all over and miss any big stock market moves.

oliveoil
Apr 22, 2016
No I gambled away my retirement and then my health went to poo poo and I'm too tired and brainfogged nowadays to think of and follow through an actual plan to fix my finances so desperately gambling is pretty much the only financial plan I can follow through on right now.

Finally found a doctor who doesn't think I'm imagining my problems and seems to know what I'm talking about so maybe my brain will start working again soon and I'll be able to do something else. We shall see.

oliveoil
Apr 22, 2016

Grip it and rip it posted:

You should explain this poo poo to your lawyer and see if they can't talk you out of being a maroon

Nah turns out my sister's dog has cancer and looks like it's gonna be expensive so there goes my hope funds.

oliveoil
Apr 22, 2016
So uh, if your husband rapes you one night and then tries to do it again the next night but you try to fight him off and he gets a bloody lip and runs off to the police and tells them you attacked him in a jealous rage, is it normal and expected for them to come arrest you and refuse to take a statement from you?

Good friend of mine just told me that happened to her a few weeks ago. Apparently the police refused to listen to anything she said, jailed her for two or three days, and now she's pregnant and maybe facing criminal charges and panicking.

loving insane and I have no idea what the gently caress anyone even does to get through something like this.

oliveoil
Apr 22, 2016
I wish I was making this up.

oliveoil
Apr 22, 2016

Leperflesh posted:

Your friend needs a lawyer, and needed a lawyer day-of to force the cops to permit a medical exam. Also Epitope this exact scenario is depressingly common, obviously, and not really a laughing matter.

Thank you! What kind of lawyer? She said she found a criminal defender which seems like a weird thing here. I don't understand why she needs to worry about being charged with a crime so I figured I'd check here if that was the right thing to do. Did she get the right kind of lawyer at least?

Is there anything else for her to do besides having a criminal defense attorney and doing what they say?

I feel like a lawyer to make the police do their jobs iintuitively seems like a different thing than a lawyer that protects you from false charges so none of this makes sense to me.

oliveoil fucked around with this message at 08:45 on Feb 15, 2023

oliveoil
Apr 22, 2016
Has anyone found court document systems to be unreliable?

There's a guy and a company he used to own stock in, both being sued even though he sold all his stock and apparently gave up on the company.

Months later, that company went into ch 11 bankruptcy.

But somehow, certificates of notice for the bankruptcy case keep getting filed with the name of that guy, listed as a creditor, and his lawyers. All his lawyers in this notice are the exact same ones as in the other case where he's being sued and I've never found any other evidence he has anything to do with the bankruptcy case or any involvement with the bankrupt company at all anymore.

The certificates of notice appear undeliverable to him, noting him as specifically a "bypassed recipient": "The following addresses were not sent this bankruptcy notice due to an undeliverable address, *duplicate of an address listed above, *P duplicate of a
preferred address, or ## out of date forwarding orders with USPS."

Is there any reasonable way to confirm this guy or his lawyers or their law firms are actually involved in the bankruptcy case as these public documents seem to imply? I imagine you can't just call up a law firm and say "hey, this public document shows you involved in this case, do you actually have anything to do with it or is that some sort of software error?"

oliveoil
Apr 22, 2016
That makes sense, but is it possible he got added to the recipient list of the automated bankruptcy notices automatically just because he was already getting sued in the earlier case? And maybe it defaulted to listing him as a creditor because he's not a lawyer or something?

Found someone who claimed to have called the courthouse in that area and talked to someone who looked up the bankruptcy case #:

some guy online posted:

She says that he's marked in the filings as "Adversary" and as a defendant. I was like Oh that's the lawsuit. She's like I don't know what lawsuit it doesn't show it here because we only get the files for the BK stuff there, she said. But that it makes sense if he's in some sort of law suit currently and she says that the only reason why he is showing up in those dockets is because of the lawsuit. That it's kind of a system leak she called it. Where the system automatically does all this stuff and sends it to be printed and he's showing up as an interested party due to the lawsuit that is still in litigation.

This is a meme stock (bed bath) where a whole bunch of people are putting ridiculous amounts of their savings into the stock of a bankrupt company because of pure speculation that this guy (same guy who caused the GameStop pump in 2021 iirc) had a super secret plan to come back and save the company by secretly buying its debt and using it to acquire it at the last minute. Just total bullshit. "He could figure out how to do it! And he hates incompetent CEOs so he definitely would!"

And then people start to see this guy's name appears in these bankruptcy transcript
notifications as a creditor. "It's real! He's really coming to save us! He's really doing it! I'm buying even more now!"

But "GameStop guy plays 4D chess to acquire a company that a bunch of gullible people have become emotionally attached to" seems much less likely than "automated system built by the lowest bidder includes a guy by mistake because his name and the bankrupt company's name have already been entered in the system for an unrelated case".

oliveoil fucked around with this message at 22:45 on Jul 2, 2023

oliveoil
Apr 22, 2016
drat, sounds like PACER can be a pain in the rear end but state courthouses probably aren't going to combine data from two unrelated cases just because a couple names show up in both. Guess I'll keep trying to rule it out. Thank you for thinking about it.

oliveoil
Apr 22, 2016
What kind of attorney would be needed to approach a company bankruptcy's plan administrator?

There's a bankruptcy going on that a lot of people are paying attention to and fantasizing about short squeezes and loving wall street... And a foreign guy (lawyer, I think?) claiming to be an expert on fraud just came along and told everyone they're gullible idiots and there's no sign of a magical company revival happening but based on things like former leadership buying stock before and then selling after buybacks, he thinks there's a real chance of people getting fraud settlements out of court if they hire their own lawyers instead of sitting around waiting for a dead company to come out of bankruptcy.

He's shared some of his correspondence with the bankruptcy plan administrator and then said he had to hire his own counsel that can practice here and stopped giving any more details but for weeks afterwards has continued to emphasize it's important for others to do the same if they want to get any money out of it. Some contacted him directly and he still refused to give any details but still seemed satisfied at his decision to hire legal representation and continued to strongly recommend that others do so.

My understanding is that a lawyer capable of asking the right questions to understand the situation in a corporate bankruptcy case will cost like $20k per hour or something insane up front, but my buddy is a shareholder and has enough shares that a settlement would be worth a few million dollars. If that can be done out of court then it seems like it would be relatively quick since I thought the court process is what usually makes things drag out.

So how to find him an actual expert that can confirm the facts and let him know him if there's actually potential there?

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oliveoil
Apr 22, 2016

joat mon posted:

I don't know bankruptcy, but I do know what a flag is, and what the color red looks like.

Yeah, the whole thing seems like a red flag. Full of people swearing that a billionaire will save the company and make everyone rich while insisting that you totally don't need anyone with expertise to look closer because it'll all be taken care of and subtly implying you may accidentally prevent the friendly billionaires from rescuing your investment if you do. All while making vague references to Q anon and how this company may be truly hosed by corrupt child traffickers unless you vote for Trump so he can help the good kind altruistic billionaires save you.

The fact all the grifters went absolutely nuts over a guy claiming professional expertise made me think he might have been on the right track. That and the fact they doxxed him so he's not a completely crazy anonymous person.

If they hadn't doxxed him then I'd have thought he was lying but once they doxxed him and started implying he was an enemy sent to distract everyone from getting rich (instead of questioning his expertise), I started thinking, maybe that guy actually is an expert like he claims and it might be worth it for people to have a professional take a closer look.

BigHead posted:

If you need a bankruptcy attorney and have no idea where to start, you can Google "state bar association referral service." Call the line or navigate the referral website looking for a bankruptcy attorney and start calling their offices until you find one that will take your case.

Thank you!

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