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tehschulman posted:I don't have a JD and never went to law school, but I'm very interested in the particular field of media law. Atleast I went to school for Journalism, so I've got some media law and ethics backing, but I've had a nagging question that's bothered me for some time. I've been tempted to bring a Lanham Act false advertising claim against Fox given some of their news coverage as damages statutorily could go up to daily profits, which has got to be a good paycheck.
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Feb 12, 2010 22:59
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Richard M Nixon posted:I realize this will be a silly question, but I've read a few peer reviewed CS journals, and I can't imagine anyone who doesn't You get to list it on your CV, regardless of who reads it.
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Feb 15, 2010 01:04
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to source code to actually read it, much less keep track of who writes on what. Do lawyers or other legal people get subscriptions to journals in different fields to keep a list of current experts, or is it more word of mouth?
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As a general rule with charitable organizations, making your donors happy is a good idea, so it doesn't hurt to get permission.
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Feb 19, 2010 21:13
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Monochrome posted:I have a bit of a strange question involving business/labor law in Massachusetts. Possibly illegal under federal antitrust as a hypo.
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Feb 25, 2010 17:01
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TheBestDeception posted:Without knowing anything at all about antitrust, isn't the standard one of unreasonable restraint of trade? How would that be balanced against at-will employment (which is what I thought the answer would be)? not really It's certainly worth talking to a local lawyer about.
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Feb 26, 2010 00:40
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Who knows about false marking w/r/t patents because I got some nice lawsuits in holding but I need to know more.
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Mar 1, 2010 16:49
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SWATJester posted:Which of those is less work and cost: suing the poster and getting an injunction? Or calling up the other guy and saying "Yo, don't hire any of my former employees. Thanks, wanna get coffee?" Apparently the former, given the antitrust liability attaching to the latter!
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Mar 1, 2010 18:04
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TheBestDeception posted:Explain again how it eliminates competition or prevents new participants from entering into the market to compete. Because as far as I can tell, there are still two companies competing, whether or not this deal is agreed upon by the second employer. If you're not at least passingly familiar with antitrust law, this is a pointless conversation, because I'm being descriptive, not proscriptive.
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Mar 1, 2010 23:36
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Incredulous Red posted:It's a state court matter. Tort occurred in Louisiana since the letter was (presumably) written and mailed there. I'm rusty on my civ pro, but it can't be correct that he couldn't sue in Pennsylvania, could it?
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Mar 3, 2010 20:49
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Yeah, and I'd rather kill myself then think about choice of law so have fun
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Mar 3, 2010 21:01
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Schitzo posted:In some jurisdictions damages are presumed. The presumed damages may be nominal, however.
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Mar 3, 2010 21:10
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Solomon Grundy posted:Why are you people debating whether or not suit could be brought in PA? All of the parties live in LA. Why on earth would the plaintiff choose to travel hundreds of miles to prosecute a lawsuit? Some sort of choice-of-law issue relating to damages available for slander, maybe?
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Mar 4, 2010 20:57
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Thorias posted:How is it possible that you can get charged for failure to appear in court when you never received any notice whatsoever from your lawyer, the court or otherwise about a court date, shouldn't there be something wrong there? Because the court doesn't know that you never got notice.
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Mar 9, 2010 18:13
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Get in touch with Radley Balko @ radley.responses@gmail.com
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Mar 30, 2010 23:45
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ItchyDroopy posted:Can you elaborate a bit? He's a journalist who covers wrong-door raids frequently, so he might be able to (a) give your story publicity, and (b) put you in contact with a local attorney who can help.
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Mar 31, 2010 01:39
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Nietzschean posted:I have an invention idea. It is a software application which could be used with present electronic hardware in a specific medium. How do I go about researching if this idea is already patented, and, if it is not, in getting it patented? Will I need to patent just the software, or do there exist some sort of loopholes like with processes or materials? What type of paperwork, legal counsel and other professionals will I need to assemble before I can do this? My goal is to sell my idea to another entity outright for a sum of money, but to make sure that it's buttoned-up tight before I enter discussions so that it can't just be taken and used. get a patent lawyer
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Apr 7, 2010 13:40
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hobbesmaster posted:Hell, its hard enough to get people to give you money when you have a patent, customers and a product. Though, my stuff is pretty niche... I have no idea whether doing this would be a good idea in your situation, and I can't speak to its accuracy, but read this.
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Apr 7, 2010 17:07
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jonus posted:Whats the point of patenting something if its primary use is in international waters? 35 USC 271(f).
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Apr 18, 2010 16:23
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Incredulous Red posted:So, basically, your only hope is that he doesn't show up in court. Does this even work, anywhere? In my experience, it's an automatic continuance.
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Apr 20, 2010 21:27
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entris posted:I think the best argument over nomenclature is the GLBT v. LGBT discussion, with the feminists insisting that GLBT perpetuates patriarchy. I call them giblets.
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May 26, 2010 16:31
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Mdubb posted:I have a question about a divorce my sister is about to go through. She and her husband have been considering a divorce, and for the most part decided to part amicably. However, the reason for the divorce is pretty much all his fault. There wasn't a question in this post.
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Jun 16, 2010 14:04
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Schattenmann posted:This is criminal law; jurisdiction is Virginia Rights on or to the property? I'd be more concerned about getting civilly sued if someone gets hurt.
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Jul 28, 2010 20:15
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I'd also be concerned with his description of "the evidence was suppressed" as to whether double jeopardy attached.
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Aug 19, 2010 20:13
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OneEightHundred posted:I'm not sure how this works, how do non-commercial organizations that don't sell poo poo protect their marks? Sue them for infringing your current mark or file a registration.
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Aug 20, 2010 04:31
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Given that the gun-related question wasn't specific on jurisdiction, I can give a jurisdictionless answer, which is that people have been convicted for gun possession while getting off for the shooting. The one instance I can recall involving self-defense use of a gun and a felon was when the felon grabbed his attacker's gun, was arrested for felon-in-possession, and won.
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Aug 25, 2010 14:53
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entris posted:Won the self-defense argument or won acquittal on the felon-in-possession charge? won on felon-in-possession edit: source
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Aug 25, 2010 15:11
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Wyatt posted:Yep. As I said above, the retainer is being treated as fully earned and cannot be recovered. Only deposits unaccounted for are refundable. I'm no ethics master, but I seem to recall from the MPRE that that's not kosher. I'd imagine it's state by state, though.
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Aug 26, 2010 18:48
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Talibananas posted:State courts have general jurisdiction, so you could sue in state court if you prefer, even if you're suing under a federal statute. I don't practice, but I'm pretty sure that's not how it works.
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Sep 21, 2010 08:03
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JeffOneShotWong posted:I'm pretty sure her claim for late fees is bullshit as well. I remember countless times she tried collecting rent during the time of her bankruptcy proceedings and I just stood my ground and told her 'I have a court order instructing me to withhold rent from you so that it can be garnished as payment towards your outstanding debt. Unless you provide me legal documentation rescinding that court order, I will follow their instructions and not yours'. All those months she provided nothing. She even had her lawyers call me threatening to evict me and I told him the same thing and he had no response to it. I'm a lawyer and I live in Alexandria, too, but it sucks I just let my bar membership go associate or I'd help you out for beer money. better luck next time
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Sep 23, 2010 20:48
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Solomon Grundy posted:Further confusing the situation is the fact that in many hospitals, the physicians staffing anesthesia "departments" are actually provided by a contracting entity, rather than being hospital employees. For example, Bumblefuck Hospital may sign a contract with East Bumblefuck Anesthesiology Associates, a limited liability company, to provide anesthesiology staffing at the hospital. EBAA then hires the doctors and assigns a rotation to the Hospital. So then you get billed by the hospital for the anesthesia drug, and by EBAA for the anesthesiologist to administer the drug. Which also sucks because you have two co-pays instead of one.
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Feb 21, 2011 22:27
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SWATJester posted:Bomb technology is not copyrightable subject matter; notwithstanding this, the government does not research bomb technology -- defense contractors do all the patenting and other information. All patent applications are done in the name of the individual (human) inventor. However, the federal government can and does take an assignment of patent rights as would any corporate entity.
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Mar 3, 2011 02:10
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VA: I was a member of a gym that was in my apartment. I was on contract, and I was autobilled during the time I was a member. I cancelled in-person when I moved, or so I thought. On Friday, I received a phonecall from a collections agency saying that I owed them something along the lines of $500 for my membership. I explained that I paid the cancellation in person. The collections agent responded that per my contract in order to cancel, I needed to have sent a check by certified mail. I told her to mail me, and that I'd look for the letter and cancelled check. This weekend, I looked, but apparently I never sent the letter. Instead, on August 18, 2009, I went with my wife to cancel in-person, and was told there was a $50 cancellation fee, which we paid by credit card. We continued to be billed the next two billing cycles: we paid the last cycle on October 5, 2009 (just pulled the billing statements online). At this point, I'd like for this to go away without dealing with credit reporting, obviously. I'd also like to not give them $500. How can I make them gently caress off, or, at the very least, sue me before they report to credit agencies? Should I threaten a countersuit for the two months that I was charged post-cancellation? Should I contact BBB or alternatively my state AG? From what I remember of Contracts in law school, I'm fairly sure that when the manager took my money to cancel in-store, that that served as a modification of the contract as the manager clearly has apparent authority to act on behalf of the company, given that the manager is the one that does the sign-up contract in the first place, so I think I'd win on the "do I owe them money" question. edit: Assuming I never cancelled and that I'm still under contract today, I'd owe roughly $2516 as of today. WhiskeyJuvenile fucked around with this message at 01:25 on Mar 7, 2011 |
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Mar 7, 2011 01:12
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BigHead posted:Have you called your landlord? Usually the person who sells the debt to the collections agency has authority to call the collections agency and cancel it. That's what happened when I accidentally received a double bill from a hospital and the unpaid one went to collections. If that fails, threaten to sue their rear end for credit fraud. It's a biiiigggg civil fine if they erroneously do anything to gently caress up your credit score. Of course that's more practical advice than legal advice 'cause I don't know anything about anything. Funny story: apparently the gym is owned by the collection company. Apparently goes to show how their billing operations work...
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Mar 7, 2011 04:38
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BigHead posted:That's freakin' genius. Imagine how many loop holes and extra fees a collection agency can think up to attach to that kind of contract. Yeah. I still think they're screwed by their manager, though.
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Mar 8, 2011 00:16
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Also the federal Fair Housing Act supersedes.
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Mar 18, 2011 14:35
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SpacePig posted:I'm not in legal trouble or anything, but I'm just trying to settle an argument with someone at work, and this was the most fitting palce I could find to ask: In the United States, more specifically Pennsylvania, is a police officer required to be wearing his hat if he's trying to make an arrest? short answer: no long answer< hahahaha, gently caress no.
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Mar 24, 2011 16:30
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Just got the response to my request for validation of a gym membership debt All it is is a copy of the contract. There's nothing indicating any accounting of how they got the dollar figure they're quoting as owed. The contract was entered 12/5/08 and it said there would be 10 payments of $74 starting 1/5/08 (sic). I paid with my credit card, and I have statements showing ten payments from 1/5/09 through 10/5/09. What's my next step? Another letter telling them that what they sent me doesn't approach a verification as required by the FDCPA? Do I go straight to the "the contract says I owe you ten payments, here are receipts for the ten payments, gently caress off?"
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Mar 28, 2011 20:20
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Follow-up re: default in Virginia: My 12-month membership signed 12/5/08 had me paying first and last upfront, followed by 10 monthly payments starting 1/5/09. The contract also says "Roll over to open-end/month-to-month starting 12/5/09." The contract also says "Memberships that roll over to a month-to-month basis require a 30-day written notice to cancel." The contract also says "The term of this contract is 12 months." The 10 monthly payments required by the contract were paid on time. No payment was made on the first roll-over month on 1/5/09. Here are my thoughts: I shouldn't owe anything, because I gave the gym manager a letter that said I didn't want to renew in November of 2009. They, of course, don't have a record of this. My evidence would be "They had my credit card which they didn't have any problem charging through October 2009. They told me that I wasn't renewing, and I never was charged in December 2009, so it looks like they got the message." If I can't prove that, I should only owe for the first month of the month-to-month. Upon not paying, I defaulted on the month-to-month agreement, thereby terminating it. No written notice is required, as there's no agreement to give written notice, as any such agreement expired 12/4/09 along with the contract. I don't see how they can prove that I owe more than one month of the month-to-month. Anything I'm missing? WhiskeyJuvenile fucked around with this message at 15:02 on Mar 29, 2011 |
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Mar 29, 2011 14:45
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builds character posted:Do you have a copy of the letter? They might argue the twelve month term being a twelve month membership. Response to that is it's just the length at which they've agreed to the price and other terms of the contract trip report: spoke to a rep, and basically they were going to argue a bunch of dumb poo poo regarding the term of the contract that I don't feel like spending time on even if I would win, but in the end of the day they got $100 out of me to settle the $850 claimed debt and I guess I just paid the nuisance tax.
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Mar 30, 2011 03:46
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dvgrhl posted:That's exactly why they do what they do, I hope you see. Of course. Like I said, nuisance tax.
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Mar 30, 2011 04:43
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