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20 minutes ago, Christo said:

Was in small claims court this morning. The judge was essentially telling pro se litigants that they'd better get a lawyer or they were going to lose. Flat out told them if they'd brought pictures or documents for him to look at he wouldn't do it unless they laid a proper foundation and that he wasn't going to help them. Absolute POS.

Weird.   Lawyers can't appear in small claims court here.

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Posted (edited)
1 hour ago, -fish- said:

Weird.   Lawyers can't appear in small claims court here.

Who represents companies for collections matters? There are lawyers here whose only cases are small claims types cases for credit card companies, utilities, etc. They'll walk into court and pull out 25 files for that day.

Edited by Christo

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On 7/10/2019 at 5:27 PM, CletiusMaximus said:

Another wonderful qualified immunity case.

Summary:

...

http://media.ca11.uscourts.gov/opinions/pub/files/201715566.pdf

 

 

More fun from the federal courts on qualified immunity!

Summary:  If the police steal over $200k in cash and other valuables from you while executing a warrant, they're immune from your lawsuit!

https://www.courthousenews.com/wp-content/uploads/2019/03/FresnoMissingSeizure-9CA.pdf

 

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On 7/11/2019 at 6:14 PM, Christo said:

Who represents companies for collections matters? There are lawyers here whose only cases are small claims types cases for credit card companies, utilities, etc. They'll walk into court and pull out 25 files for that day.

They do those in district court.   Small claims has a 5k limit.  

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I remember a small claims judge one time telling everyone pro se that they were smart to do so, since in our small claims the rules of evidence do not apply.  He told them hiring a lawyer for small claims was like "having a really expensive potted plant."

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On 7/17/2019 at 4:19 PM, -fish- said:

They do those in district court.   Small claims has a 5k limit.  

I'm talking about debts that are lots of time less than $1,000.00. Can a factoring company that buys $1MM in debt from a credit card company spread over 5k accounts of about $2k apiece send just a company rep into small claims court? 

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Posted (edited)

Question for anyone who can answer.  My 15 year old step daughter has no interest in seeing her biological father.  In fact she is pretty dead set against seeing him and the thought of seeing him makes her cry.   He is no criminal or anything, just a big A hole.

Anyway, he is threatening to lawyer up and try and get my wife for contempt of court because he hasn't seen her in several months.  They have some sort of every other weekend thing that has literally never been followed as written, with both the father and my wife in agreement, until lately that is.  The reason my step daughter has not seen him is because she absolutely refuses to see him.  If we tried to make her she wouldn't even get in the car.

We dont care about the contempt charges cause there is no chance of that, we are just wondering how likely it will be that he is actually able to force her to see him, and what that process would look like.

He isnt exactly rolling in the dough, so not like he will have the A squad representing him.

My wife is the custodial guardian.

In Ohio

Edited by ghostguy123

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On 7/10/2019 at 7:26 PM, Don Quixote said:

Seeing how far my mental notebook goes back... were you the other W&L Law here, or am I thinking of someone else? Welcome back.

My best friend is W&L Law ‘97. Charlottesville native, been practicing there since he graduated 

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On 7/18/2019 at 8:30 PM, ghostguy123 said:

Question for anyone who can answer.  My 15 year old step daughter has no interest in seeing her biological father.  In fact she is pretty dead set against seeing him and the thought of seeing him makes her cry.   He is no criminal or anything, just a big A hole.

Anyway, he is threatening to lawyer up and try and get my wife for contempt of court because he hasn't seen her in several months.  They have some sort of every other weekend thing that has literally never been followed as written, with both the father and my wife in agreement, until lately that is.  The reason my step daughter has not seen him is because she absolutely refuses to see him.  If we tried to make her she wouldn't even get in the car.

We dont care about the contempt charges cause there is no chance of that, we are just wondering how likely it will be that he is actually able to force her to see him, and what that process would look like.

He isnt exactly rolling in the dough, so not like he will have the A squad representing him.

My wife is the custodial guardian.

In Ohio

Pretty likely and I’d take the contempt charges seriously.  

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4 hours ago, The_Man said:

My best friend is W&L Law ‘97. Charlottesville native, been practicing there since he graduated 

Cool. I graduated ‘05.

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Have y'all ever had a DA subpoena someone from a vacation trip who witnessed an assault? Wife's friend asked advice, and I don't feel like I can give a good answer.

 

Basically, a guy hit a store clerk and she was in the store. Cop says she may be subpoenaed as the only other state resident who saw, though she was with a couple friends who are from other states. Catch is, she's a student in a different state as well as not living in the actual city where the crime happened. So: assuming she can be subpoenaed at her in-state residence, which is currently sublet to someone else who gets her mail for her and sends it to grad school address, can she just respond that she's a student and has no plans to be back in the state for ## days?

 

And even if in the state, what would a resident of another city (like a 4 hour drive away) actually do? This is not something we really discussed much beyond the most basic FRCP stuff in law school and I have not practiced since becoming a member of the bar and going inactive.

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22 minutes ago, Instinctive said:

Have y'all ever had a DA subpoena someone from a vacation trip who witnessed an assault? Wife's friend asked advice, and I don't feel like I can give a good answer.

 

Basically, a guy hit a store clerk and she was in the store. Cop says she may be subpoenaed as the only other state resident who saw, though she was with a couple friends who are from other states. Catch is, she's a student in a different state as well as not living in the actual city where the crime happened. So: assuming she can be subpoenaed at her in-state residence, which is currently sublet to someone else who gets her mail for her and sends it to grad school address, can she just respond that she's a student and has no plans to be back in the state for ## days?

 

And even if in the state, what would a resident of another city (like a 4 hour drive away) actually do? This is not something we really discussed much beyond the most basic FRCP stuff in law school and I have not practiced since becoming a member of the bar and going inactive.

Not my area of expertise but my guess is that she would have to be personally served with the subpoena. If she’s living out of state that would be difficult. 

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26 minutes ago, thecatch said:

Not my area of expertise but my guess is that she would have to be personally served with the subpoena. If she’s living out of state that would be difficult. 

Not really

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Look up the Uniform Act to Secure Attendance of Witnesses from without a State in Criminal Proceedings for the state she lives in. Most have enacted it.

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28 minutes ago, Christo said:

Not really

Well glad I included that disclaimer then. 

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So, I'm drinking tonight.

Because it's Monday.

And that's all I have to say 'bout that. 

 

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On 7/20/2019 at 10:40 PM, Christo said:

Not really

Hey process server, serve this person.

Done. 

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On 7/11/2019 at 4:27 PM, Christo said:

Was in small claims court this morning. The judge was essentially telling pro se litigants that they'd better get a lawyer or they were going to lose. Flat out told them if they'd brought pictures or documents for him to look at he wouldn't do it unless they laid a proper foundation and that he wasn't going to help them. Absolute POS.

I was representing myself in traffic court (stop sign violation) and got the same treatment.  i proved the cop was lying about the facts.  Judge said that it didn't matter if the state's only witness had lied in his testimony, I had to prove that I didn't roll the stop sign otherwise I was losing.  That was a head scratcher.  Reading between the lines he was probably saying next time hire someone who contributed to my campaign if you want a fair shake in my court.

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On 7/11/2019 at 6:14 PM, Christo said:

 

On 7/11/2019 at 4:48 PM, -fish- said:

Weird.   Lawyers can't appear in small claims court here.

Who represents companies for collections matters? There are lawyers here whose only cases are small claims types cases for credit card companies, utilities, etc. They'll walk into court and pull out 25 files for that day.

 

We have a local law firm that will bring 50-100 eviction files to court.  It finally got to the point they got their own small claims court dates for their cases.

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On 7/20/2019 at 9:06 AM, The_Man said:

My best friend is W&L Law ‘97. Charlottesville native, been practicing there since he graduated 

Bet I know him!

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Posted (edited)
On 7/11/2019 at 5:14 PM, Christo said:

Who represents companies for collections matters? There are lawyers here whose only cases are small claims types cases for credit card companies, utilities, etc. They'll walk into court and pull out 25 files for that day.

I thought companies could not be pro se in small claims court in Texas but now I think that changed ...

Edited by Beaumont
Correction

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Apparently last week, The Ohio State University filed for a trademark on the word "The". 

I say it's 50/50 they get it. 

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My former college roommate is suing Sailor Jack Rum company for zillions.   Apparently the rum company has been using the name & his story for 20 plus years with no benefit to the actual "Sailor Jack"(deceased) or his widow.  Sailor Jack was known as the best tattoo man in the country.  He started his business towards the end of WWll & became a legend.  The rum company actually prints his story on the back of the bottle & I think has a picture of him on it.    Depositions have been started.

This is going to be a nice case for my friend.

 

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I think it's called Sailor Jerry & not Jack.

sorry

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Posted (edited)

Hey Lawyerguys.....

We just found out recently about a data breach at Pearson which is involved in educational software used by schools all across the country.  At first they said our district wasn't affected but yesterday they emailed saying "oops, yes it was".  We then got a specific email listing my son's name as being one of the names affected.

Now, the only information obtained, so they say, is his name and DOB.  In other things I've since read said that it may also have involved his email address.

Here are my issues

1)  Apparently Pearson learned about this a while ago but this is only just coming out.

2)  From articles I've read, Pearson has reached out to those affected.  We never heard anything about this or received anything about being affected.

3)  The email from our school district said while this information was obtained, there's essentially nothing to worry about as it was just name and DOB and seem to be minimizing the issue.  This, however, states otherwise.

4)  Pearson is apparently offering free credit monitoring for those affected.  However, this also wasn't even mentioned from our school district.

As I was trying to learn more about it, I came across this about a class action lawsuit.  Now, I know in the end, this probably isn't a big deal.  But these breaches are a problem.  And I am somewhat bothered by the fact that my son's information, even if only his name and DOB, is out there in this situation.  Would any of you recommend reaching out to that group about the class action suit?  Should I reach out to someone here locally for something like this?  Or should I not even bother?

I want to reach out to our district and tell them that, while not their fault, they should not be minimizing this situation and should at least be informing families of free credit monitoring.  But before I do that, I wonder if it's better to wait and consider these other options first.

Thoughts?

Edited by gianmarco

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On 7/18/2019 at 5:30 PM, ghostguy123 said:

Question for anyone who can answer.  My 15 year old step daughter has no interest in seeing her biological father.  In fact she is pretty dead set against seeing him and the thought of seeing him makes her cry.   He is no criminal or anything, just a big A hole.

Anyway, he is threatening to lawyer up and try and get my wife for contempt of court because he hasn't seen her in several months.  They have some sort of every other weekend thing that has literally never been followed as written, with both the father and my wife in agreement, until lately that is.  The reason my step daughter has not seen him is because she absolutely refuses to see him.  If we tried to make her she wouldn't even get in the car.

We dont care about the contempt charges cause there is no chance of that, we are just wondering how likely it will be that he is actually able to force her to see him, and what that process would look like.

He isnt exactly rolling in the dough, so not like he will have the A squad representing him.

My wife is the custodial guardian.

In Ohio

How old is your stepdaughter? 

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On 7/20/2019 at 6:48 PM, Instinctive said:

Have y'all ever had a DA subpoena someone from a vacation trip who witnessed an assault? Wife's friend asked advice, and I don't feel like I can give a good answer.

 

Basically, a guy hit a store clerk and she was in the store. Cop says she may be subpoenaed as the only other state resident who saw, though she was with a couple friends who are from other states. Catch is, she's a student in a different state as well as not living in the actual city where the crime happened. So: assuming she can be subpoenaed at her in-state residence, which is currently sublet to someone else who gets her mail for her and sends it to grad school address, can she just respond that she's a student and has no plans to be back in the state for ## days?

 

And even if in the state, what would a resident of another city (like a 4 hour drive away) actually do? This is not something we really discussed much beyond the most basic FRCP stuff in law school and I have not practiced since becoming a member of the bar and going inactive.

Do you still need an answer on this? 

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Posted (edited)

On Thursday I’m arguing in front of an appellate court panel about a constitutional issue. I kinda feel like calling my old law school and telling them that I’m actually going to do what they implied was regular practice for a lawyer.  

Edited by Zow
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3 hours ago, Zow said:

On Thursday I’m arguing in front of an appellate court panel about a constitutional issue. I kinda feel like calling my old la school and telling them that I’m actually going to do what they implied was regular practice for a lawyer.  

how's the new job and town going, zow?

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1 hour ago, El Floppo said:

how's the new job and town going, zow?

New job is basically the same as the old job except the office is fancier. 

New town (and its weather) are amazing. 

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1 hour ago, ghostguy123 said:

15

You may want to be careful about the contempt allegation.  While your stepdaughter is old enough that her wishes may be a factor for the court to consider, a judge may find your wife unreasonable if she is not advocating for meaningful parenting time with the other parent.  In my jurisdiction it's common for judges to admonish residential parents to actively encourage parenting time with the other parent and it is very common for the excuse of "well, the child doesn't want to go" to not be good enough.  

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9 minutes ago, Zow said:

You may want to be careful about the contempt allegation.  While your stepdaughter is old enough that her wishes may be a factor for the court to consider, a judge may find your wife unreasonable if she is not advocating for meaningful parenting time with the other parent.  In my jurisdiction it's common for judges to admonish residential parents to actively encourage parenting time with the other parent and it is very common for the excuse of "well, the child doesn't want to go" to not be good enough.  

She sees a therapist in large part due to the situation with her bio dad.  He is quite the narcissistic #####.  

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11 hours ago, Zow said:

Do you still need an answer on this? 

Sorry - no, the prior one about a local PD working with her if needed was sufficient to keep her from worrying. Thanks for the follow up!

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Posted (edited)
9 hours ago, Christo said:

That's funny. 

The below three stories are true, real case name situations for me.  This is going to be awkward because I'm not going to actually list their names for obvious reasons, but will try to explain it as best as I can. 

1. I once represented a guy charged with DUI with the same name as a popular brand of liquor. However, if memory serves correctly, he admitted to consuming light beer. 

2. I once was about to go to trial on a sexual assault case (gist of allegation was that the victim was too drunk to consent to sex) where I actually gave real thought to a motion in limine to seek some relief regarding the client's name.  At the settlement conference, the judge began the hearing by announcing the parties, stopped at my client's name, asked if it was serious, and then said, "wow, this may be the most unfortunate name for these types of allegations that I can imagine." We eventually settled the case so I never had to deal with it but, while I can't say his name, the guy would have been better off if his name was "Rapey McRaperson." 

3. Drug possession case. My client was accused with possessing a certain type of drug paraphernalia. Native American last name along the lines of "DancesWithWolves" or "CrazyHorse." Unfortunately his last name described the actual actus reus of the charge down to the name of the type of drug paraphernalia.  Prosecutor gave the factual basis at the plea hearing and it was basically a scene out of The Office.

Edited by Zow
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31 minutes ago, Zow said:

That's funny. 

The below three stories are true, real case name situations for me.  This is going to be awkward because I'm not going to actually list their names for obvious reasons, but will try to explain it as best as I can. 

1. I once represented a guy charged with DUI with the same name as a popular brand of liquor. However, if memory serves correctly, he admitted to consuming light beer. 

2. I once was about to go to trial on a sexual assault case (gist of allegation was that the victim was too drunk to consent to sex) where I actually gave real thought to a motion in limine to seek some relief regarding the client's name.  At the settlement conference, the judge began the hearing by announcing the parties, stopped at my client's name, asked if it was serious, and then said, "wow, this may be the most unfortunate name for these types of allegations that I can imagine." We eventually settled the case so I never had to deal with it but, while I can't say his name, the guy would have been better if his name was "Rapey McRaperson." 

3. Drug possession case. My client was accused with possessing a certain type of drug paraphernalia. Native American last name along the lines of "DancesWithWolves" or "CrazyHorse." Unfortunately his last name described the actual actus reus of the charge down to the name of the type of drug paraphernalia.  Prosecutor gave the factual basis at the plea hearing and it was basically a scene out of The Office.

1. Bud Ice

2. Oliver Closoff

3. Shooter Heroin McGavin

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On ‎7‎/‎17‎/‎2019 at 3:07 PM, CletiusMaximus said:

 

More fun from the federal courts on qualified immunity!

Summary:  If the police steal over $200k in cash and other valuables from you while executing a warrant, they're immune from your lawsuit!

https://www.courthousenews.com/wp-content/uploads/2019/03/FresnoMissingSeizure-9CA.pdf

 

Does that say it is not a clearly established violation of the fourth amendment while not addressing whether there might be other recourse or compensation for the theft, like, I don't know, charging the theft or suing over the depravation of the property through the theft. 

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On 8/20/2019 at 7:09 AM, gianmarco said:

Hey Lawyerguys.....

We just found out recently about a data breach at Pearson which is involved in educational software used by schools all across the country.  At first they said our district wasn't affected but yesterday they emailed saying "oops, yes it was".  We then got a specific email listing my son's name as being one of the names affected.

Now, the only information obtained, so they say, is his name and DOB.  In other things I've since read said that it may also have involved his email address.

Here are my issues

1)  Apparently Pearson learned about this a while ago but this is only just coming out.

2)  From articles I've read, Pearson has reached out to those affected.  We never heard anything about this or received anything about being affected.

3)  The email from our school district said while this information was obtained, there's essentially nothing to worry about as it was just name and DOB and seem to be minimizing the issue.  This, however, states otherwise.

4)  Pearson is apparently offering free credit monitoring for those affected.  However, this also wasn't even mentioned from our school district.

As I was trying to learn more about it, I came across this about a class action lawsuit.  Now, I know in the end, this probably isn't a big deal.  But these breaches are a problem.  And I am somewhat bothered by the fact that my son's information, even if only his name and DOB, is out there in this situation.  Would any of you recommend reaching out to that group about the class action suit?  Should I reach out to someone here locally for something like this?  Or should I not even bother?

I want to reach out to our district and tell them that, while not their fault, they should not be minimizing this situation and should at least be informing families of free credit monitoring.  But before I do that, I wonder if it's better to wait and consider these other options first.

Thoughts?

Bump?

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10 minutes ago, Gawain said:

1. Bud Ice

2. Oliver Closoff

3. Shooter Heroin McGavin

1. Jose Cuervo

2. Hugh G. Cockcram

3. Standing Crackpipe

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:lmao: some really good guesses as to 3. Can't comment as to 1.  2 isn't that obvious so none close yet. 

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2 hours ago, Zow said:

That's funny. 

The below three stories are true, real case name situations for me.  This is going to be awkward because I'm not going to actually list their names for obvious reasons, but will try to explain it as best as I can. 

1. I once represented a guy charged with DUI with the same name as a popular brand of liquor. However, if memory serves correctly, he admitted to consuming light beer. 

2. I once was about to go to trial on a sexual assault case (gist of allegation was that the victim was too drunk to consent to sex) where I actually gave real thought to a motion in limine to seek some relief regarding the client's name.  At the settlement conference, the judge began the hearing by announcing the parties, stopped at my client's name, asked if it was serious, and then said, "wow, this may be the most unfortunate name for these types of allegations that I can imagine." We eventually settled the case so I never had to deal with it but, while I can't say his name, the guy would have been better if his name was "Rapey McRaperson." 

3. Drug possession case. My client was accused with possessing a certain type of drug paraphernalia. Native American last name along the lines of "DancesWithWolves" or "CrazyHorse." Unfortunately his last name described the actual actus reus of the charge down to the name of the type of drug paraphernalia.  Prosecutor gave the factual basis at the plea hearing and it was basically a scene out of The Office.

Biff Hennessy

Rod Muffcracker

Runs with Needle in Bone

 

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16 hours ago, Ditkaless Wonders said:

Does that say it is not a clearly established violation of the fourth amendment while not addressing whether there might be other recourse or compensation for the theft, like, I don't know, charging the theft or suing over the depravation of the property through the theft. 

The court notes in dicta that the plaintiffs have other remedies, but the main holding is no constitutional claims due to immunity.

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Posted (edited)
10 hours ago, Gawain said:

Was glad this wasn't Woz.

Sucker Punch

Ha, nope but I'm very familiar with that office and have spent plenty of time in the 4th Ave. jail. 

I also had a coworker at my first public defender job get attacked by a client during a sentencing hearing.  Attorney dislocated his shoulder because the client's handcuffs were around his upper torso and his shoulder got yanked hard when the guard (who did a nice job getting to the guy right away). He went to the hospital that afternoon and the next day, with his arm in a sling, stood in front of the judge and made sentencing arguments on the guy's behalf even though that same guy sent him to the hospital.* If that doesn't embody what a public defender is called to do then I don't know what does.** 

*We did make a motion to withdraw for the obvious conflict but the judge surprisingly denied it. 

** This attorney sadly died just a few weeks ago. 

Edited by Zow
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