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DOMDOM
Apr 28, 2007

Fun Shoe
Meh, not my life. Not gonna worry about it anymore. You guys hit the nail on the head, this girl has made a series of stupid decisions.

In fact, the reason she's on probation is pretty stupid. She was dating this older guy in a fairly volatile relationship; nothing physical, but lots of arguing. During one of their splits, they hook up and she gets pregnant. She goes over to confront him with this and he refuses to see her (at the same time, he was diagnosed with MS and later claimed that it was too much to deal with at once, nevermind the fact he's got 3 other illegitimate kids), wants nothing to do with her, and hires a lawyer through which all contact is made. Lawyer gets him a restraining order, probably based on their volatile history and her own history of arrests (two arrests for breach of peace, sentenced to anger management).

Fast forward 2 months, she ends up miscarrying. Tells him. They get back together but he never takes any action to remove the restraining order. So they are dating, but she isn't suppose to be near him. Then they get into a drunk fight one night and she gets loud and he calls the cops. Because of the restraining order still in place, she got arrested.

I guess there's only so long you can feel bad for someone who keeps making stupid decisions and refuses to take personal responsibility. She solely blames the dude for everything above, despite her own actions.

Thanks guys.

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Incredulous Red
Mar 25, 2008

dMastri posted:

My non-goon friend is on a two year probation sentence (Connecticut) for what started as a felony restraining order violation but was pleaded down to a lesser misdemeanor charge in the same ballpark along with a breach of peace charge.
. . .
Any input is appreciated.

So basically all she had to do to stay out of trouble with the law was not go near a person/place? And she did it anyway? And then she violated her gimme of a parole sentence? C'mon.

Seriously, why are you asking for advice for this person. She's bound and determined to get herself a felony on her record.

E: ^^^^ you're making the right choice here. Still, I'm feeling an E/N thread coming in the next two months or so . . .

Incredulous Red fucked around with this message at 01:39 on May 4, 2010

Clip My Wings
Dec 15, 2004
Yes, that will do. Watch the spiral Bart. Let it entrance with it's twirliness, twirliness....
Question and I apologize if it's been asked before as I must've missed it.
Is the dollar number in my settlement public record? I don't want certain members of my family knowing how much I've gotten in my settlement in a personal injury suit & some of them would know to look me up on E Courts where it does show things like each motion and appearance date. The case is over, so i'm not discussing a case that's current by the way. Thanks.

DOMDOM
Apr 28, 2007

Fun Shoe
Yeah she did. Love makes you do stupid poo poo, I guess.

How does the law look at something like that? She violated the restraining order, but he invited her over/got back together with her. Despite that, he's probably absolved of any responsibility, right? She knew about the restraining order and it was HER responsibility to stay away regardless of what he said/did?

Makes sense to me, but I'm curious how that works.

Erik Shawn-Bohner
Mar 21, 2010

by XyloJW
Question:

US/Arkansas/Not involved in any activity or legal proceeding at the moment.

Is there such a thing as being an accessory to libel? For example, if someone asked me to set up and design a webpage to essentially smear a public official, would I be held liable for what they say on that web page if I am only providing the web design and publishing service?

Also, if I was paid to take their general ideas and write them into a coherent format, would I be in hot water for that?

My position is neutral on the official, and the potential client claims to have evidence that the official is not acting in a manner that is fitting of the position. If anyone could point out potential pitfalls in this endeavor, I'd appreciate it.

Thanks!

Surly
Oct 3, 2003
Looks out for one guy; Surly

dMastri posted:

Yeah she did. Love makes you do stupid poo poo, I guess.

How does the law look at something like that? She violated the restraining order, but he invited her over/got back together with her. Despite that, he's probably absolved of any responsibility, right? She knew about the restraining order and it was HER responsibility to stay away regardless of what he said/did?

Makes sense to me, but I'm curious how that works.
He merely decided to enforce it while it was still in effect. I'm not sure what defenses (if any) she would have, although it was pretty lovely of the dude to do considering he initiated a relationship with her again.

What state?

entris
Oct 22, 2008

by Y Kant Ozma Post

Nautatrol Rx posted:

Question:

US/Arkansas/Not involved in any activity or legal proceeding at the moment.

Is there such a thing as being an accessory to libel? For example, if someone asked me to set up and design a webpage to essentially smear a public official, would I be held liable for what they say on that web page if I am only providing the web design and publishing service?

Also, if I was paid to take their general ideas and write them into a coherent format, would I be in hot water for that?

My position is neutral on the official, and the potential client claims to have evidence that the official is not acting in a manner that is fitting of the position. If anyone could point out potential pitfalls in this endeavor, I'd appreciate it.

Thanks!

I think that if you simply set up the webpage, and were not the owner of the site, you would probably be fine. If you rewrite the owner's words at the owner's direction, I would be inclined to think that you were just an agent working for the owner, and that the words would be attributed to the owner and not you, but I'm not sure if that analysis holds up.

The more basic question is whether the owner of the website is really going to say something libelous. I'm not entirely sure, but I think that libel against a public official has to be done intentionally, IE, the speaker has to know that it isn't true and says it anyway. If your buddy thinks he has evidence, and thinks it is the truth, he might be fine.

But again, I'm not really sure about that. I don't think you would have an issue though. Just get a contract made up that says you are getting paid to set up a website and do basic proofreading and editing. That would make it clear that the content of the website was not yours.

Surly
Oct 3, 2003
Looks out for one guy; Surly
^^^^^^^^^^^^what he said

Nautatrol Rx posted:

Question:

US/Arkansas/Not involved in any activity or legal proceeding at the moment.

Is there such a thing as being an accessory to libel? For example, if someone asked me to set up and design a webpage to essentially smear a public official, would I be held liable for what they say on that web page if I am only providing the web design and publishing service?

Also, if I was paid to take their general ideas and write them into a coherent format, would I be in hot water for that?

My position is neutral on the official, and the potential client claims to have evidence that the official is not acting in a manner that is fitting of the position. If anyone could point out potential pitfalls in this endeavor, I'd appreciate it.

Thanks!

One of the most important facts, before getting into anything else, would be to find out if the statements are true, as truth is a complete defense to a defamation charge.

Incredulous Red
Mar 25, 2008

Nautatrol Rx posted:

Question:

US/Arkansas/Not involved in any activity or legal proceeding at the moment.

Is there such a thing as being an accessory to libel? For example, if someone asked me to set up and design a webpage to essentially smear a public official, would I be held liable for what they say on that web page if I am only providing the web design and publishing service?

Also, if I was paid to take their general ideas and write them into a coherent format, would I be in hot water for that?

My position is neutral on the official, and the potential client claims to have evidence that the official is not acting in a manner that is fitting of the position. If anyone could point out potential pitfalls in this endeavor, I'd appreciate it.

Thanks!

Unless there's a criminal libel statute in Arkansas, you can't be an accessory to it.

That said, you may/may not be liable under tort law for libel since you're publishing defamatory statements by creating the webpage.

Publishing matters of public concern in general provides some defenses, so you might be protected. If your client has evidence that he reasonably believes indicates that something this guy is doing is contrary to the public interest, and he informs the public of that fact by making this webpage, he might be protected.

Generally speaking, public officials have fewer protections from defamation when it comes to matters of public interest- they have to allege actual malice as part of the publication. I guess there'd be some question as to whether this public official was a public figure. If he's elected, it seems almost certain that he's a public figure, as he might be if he were senior enough in a public organization that he would be well known by the public. If this public official is actually a public figure, and your client believes that these things are true, he's probably good.

That said, IANAL, those are my initial thoughts on the matter, and generally the best course of action where you think there's a remote possibility of getting sued if you do something is to not do that thing. If you want something more grounded, you should wait for one of the JDs to post.

Surly posted:

One of the most important facts, before getting into anything else, would be to find out if the statements are true, as truth is a complete defense to a defamation charge.

Actually, I might disagree with this: If this guy is a public figure, and you look into whether or not the facts are true, and find out they're not or probably not, and publish anyway, you've probably moved into the malice side of things, and aren't protected anymore. However, if he's a public figure, and you don't investigate them, and you're just republishing the statement, then you're at most negligent, which doesn't amount to malice which means you might not be liable.

Incredulous Red fucked around with this message at 03:08 on May 4, 2010

Surly
Oct 3, 2003
Looks out for one guy; Surly

Incredulous Red posted:

Actually, I might disagree with this: If this guy is a public figure, and you look into whether or not the facts are true, and find out they're not or probably not, and publish anyway, you've probably moved into the malice side of things, and aren't protected anymore. However, if he's a public figure, and you don't investigate them, and you're just republishing the statement, then you're at most negligent, which doesn't amount to malice which means you might not be liable.
Oh, I would agree completely. I should have clarified that if there is any reason to believe the statements are not true, don't set yourself up for any sort of liability by getting involved. See Wirges v. Brewer, 239 Ark. 317.

Also, I am not a lawyer and this is not legal advice.

Erik Shawn-Bohner
Mar 21, 2010

by XyloJW
Thanks for the helpful replies. To make it a little more clear, the potential client claims to have statistical data regarding sexual discrimination in rulings by a judge. It's female on female, though, which makes it interesting. What tightens my sphincter is that it's a judge who has the means (and potentially the motive) to mess with me for selling my services to this individual that the judge would like to keep quiet.

As I understand it, if I am merely providing skilled labor to publish content and/or edit it (while not being credited as the author), and if I can keep myself out of the public records (web registrar, hosting bills, etc), then anything that could possibly fall on me would roll off on the client. Also, the client should be protected by that freedom of speech thingy since she went to the court house and picketed decisions by this judge for several days in a row. Sound 'bout right?

Leif.
Mar 27, 2005

Son of the Defender
Formerly Diplomaticus/SWATJester
Depending on how he operates his site and whether he's a publisher or not, he may be shielded from liability anyway under 230 CDA.

Incredulous Red
Mar 25, 2008

Nautatrol Rx posted:

Thanks for the helpful replies. To make it a little more clear, the potential client claims to have statistical data regarding sexual discrimination in rulings by a judge. It's female on female, though, which makes it interesting. What tightens my sphincter is that it's a judge who has the means (and potentially the motive) to mess with me for selling my services to this individual that the judge would like to keep quiet.

I don't know what this means, but here's the thing: if you think that a judge has some potential power over you, don't do anything to piss them off. Really, how much money could this person be paying you that you'd want to earn that kind of enmity from the bench?

Solomon Grundy
Feb 10, 2007

Born on a Monday

Clip My Wings posted:

Question and I apologize if it's been asked before as I must've missed it.
Is the dollar number in my settlement public record? I don't want certain members of my family knowing how much I've gotten in my settlement in a personal injury suit & some of them would know to look me up on E Courts where it does show things like each motion and appearance date. The case is over, so i'm not discussing a case that's current by the way. Thanks.

There's no absolute answer to this question. In most PI cases, at least in my state, the settlement agreement does not become public. But there are situations when the settlement agreement does get filed with the court. For example, if you were a minor when the settlement occurred, the probate court may have had to approve your settlement. Or if the defendant refused to pay after signing the settlement agreement, an enforcement action may have been necessary, which would have required the settlement agreement to be filed.

So your best bet would be to call the lawyer who handled the case.

Erik Shawn-Bohner
Mar 21, 2010

by XyloJW

Incredulous Red posted:

I don't know what this means, but here's the thing: if you think that a judge has some potential power over you, don't do anything to piss them off. Really, how much money could this person be paying you that you'd want to earn that kind of enmity from the bench?

Well, this judge is kind of a celebrity as well because she spends a lot of her time going around to schools doing drug courts and local tv coverage. She's doing the Judge Judy kind of act.

I'm assuming she has some sort of sway on having me brought up on false charges or some other such nonsense if I were discovered to have assisted the client.

On one hand, there's money and the potential to cause good changes in the court system. On the other is safety. I sense that the overwhelming advice is to err on the side of caution, so I suppose I should do more investigation before I agree to anything.

Surly
Oct 3, 2003
Looks out for one guy; Surly

SWATJester posted:

Depending on how he operates his site and whether he's a publisher or not, he may be shielded from liability anyway under 230 CDA.
Huh, I wasn't aware of this statute. Good to know.

Leif.
Mar 27, 2005

Son of the Defender
Formerly Diplomaticus/SWATJester

Surly posted:

Huh, I wasn't aware of this statute. Good to know.

Just know that it is limited, it is not a blanket immunity, and you need to be sure that it applies to you first, before you act under the assumption that you have that protection.

Incredulous Red
Mar 25, 2008

Nautatrol Rx posted:

Well, this judge is kind of a celebrity as well because she spends a lot of her time going around to schools doing drug courts and local tv coverage. She's doing the Judge Judy kind of act.

I'm assuming she has some sort of sway on having me brought up on false charges or some other such nonsense if I were discovered to have assisted the client.

On one hand, there's money and the potential to cause good changes in the court system. On the other is safety. I sense that the overwhelming advice is to err on the side of caution, so I suppose I should do more investigation before I agree to anything.

I assume she's an elected judge?

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

dMastri posted:

Yeah she did. Love makes you do stupid poo poo, I guess.

How does the law look at something like that? She violated the restraining order, but he invited her over/got back together with her. Despite that, he's probably absolved of any responsibility, right? She knew about the restraining order and it was HER responsibility to stay away regardless of what he said/did?

Makes sense to me, but I'm curious how that works.

A protective order is The State saying "You shall not have any contact with this certain person" The person requesting the protective order is effectively out of the equation; the requestor's consent/wish/acquiescence to further contact is immaterial.

It's similar to the misunderstanding that a victim can "drop a case." Once the complaint is made, the process is in the State's hands; the State decides whether to file charges and charges are filed in the State's name, not the victim's. If the State wants to 'drop' the case, it can, but a victim has no ability to dismiss a case - the case is the State's.

In her case, there was a hearing (to which she may or may not have shown up) where the State (through the Judge) heard evidence and decided whether or not to grant the protective order. Once the order was granted, a violation is between her and the State, not between her and her ex. He can ask the court to dismiss the protective order, but why should he? If she pisses him off, he can call the police and let the State take care of it.
That being said, if she wanted to take the case to trial (assuming she couldn't get it tossed on a technical issue - there can be lots in a violation of protective order case) her best shot would probably be jury nullification. The jury may decide that "yeah, she violated the law, but the guy asked her to come over and he's a dick anyway" and refuse to find her guilty.

That strategy, however, requires her to not be volatile, argumentative or confrontational.

That may also be her problem with her P.O.; she may not have given him much chance to give her a break (especially if she argued with him that peeing hot was OK because she wasn't specifically told not to smoke MJ (but which is illegal, which she was specifically told not to do))

What she might try is:
- explaining to her P.O. that she misunderstood the intern and booked the flight
- and it's going to cost her 'x' dollars to to cancel
- and all these other people will also have to cancel as result
- and she'll take a pee test right now and pass it
- and one the day before she leaves
- and here's the contact information for the urinalysis center in Maui where she's going to take a pee test during her vacation (internet is great)
- and she'll come in and take one the day after she gets back
but can she please go?

But if the P.O. says no again, she can't go, because the P.O. will check on her during the time she wanted to be in Hawaii. (If she brought her itinerary back with her when he said 'no' the first time, he's already going to do that.)

entris
Oct 22, 2008

by Y Kant Ozma Post

Nautatrol Rx posted:

To make it a little more clear, the potential client claims to have statistical data regarding sexual discrimination in rulings by a judge.

If you are publishing statistical data of case rulings and the gender of plaintiffs / defendants, I have a very hard time seeing how that could be construed as libel.

Even if you say, "I think that this data means that Judge X is biased against female parties," I think you would be fine.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

Nautatrol Rx posted:

Thanks for the helpful replies. To make it a little more clear, the potential client claims to have statistical data regarding sexual discrimination in rulings by a judge. It's female on female, though, which makes it interesting. What tightens my sphincter is that it's a judge who has the means (and potentially the motive) to mess with me for selling my services to this individual that the judge would like to keep quiet.

As I understand it, if I am merely providing skilled labor to publish content and/or edit it (while not being credited as the author), and if I can keep myself out of the public records (web registrar, hosting bills, etc), then anything that could possibly fall on me would roll off on the client. Also, the client should be protected by that freedom of speech thingy since she went to the court house and picketed decisions by this judge for several days in a row. Sound 'bout right?

What you and your client are seeking to do is totally, completely, protected under the First Amendment.
Unfortunately, that doesn't mean that the Judge is going to just roll over and take it. She can strike back, but she'll lose. (eventually)
Your harder question is, if the Judge is going to SLAPP us, am I willing and (financially) able to see it through?
Unless your local or regional press is utterly worthless, I wouldn't expect the judge to pull anything seriously stupid.

Leif.
Mar 27, 2005

Son of the Defender
Formerly Diplomaticus/SWATJester

Nautatrol Rx posted:

Well, this judge is kind of a celebrity as well because she spends a lot of her time going around to schools doing drug courts and local tv coverage. She's doing the Judge Judy kind of act.

I'm assuming she has some sort of sway on having me brought up on false charges or some other such nonsense if I were discovered to have assisted the client.

On one hand, there's money and the potential to cause good changes in the court system. On the other is safety. I sense that the overwhelming advice is to err on the side of caution, so I suppose I should do more investigation before I agree to anything.

You should talk to the guys who run JAABlog.

They've been doing that poo poo for years and just now are having to deal with repercussions (bar complaint that probably will go nowhere I think, haven't been following that closely).

Granted, they're Florida not Cali, but there's a lot of connections between Broward and SoCal trial attorneys. You might find a resource there.

Also it's a great read.

DOMDOM
Apr 28, 2007

Fun Shoe
Surly - this is in CT.

joat mon - thanks for the good info. That's sort of how I figured it worked; I didn't realize it was the state vs the person, but that definitely makes a lot of sense.

Thanks for satiating my curiosity guys. I'm not going to get involved any further.

Asomodai
Jun 4, 2005

POSTING IN TFR = DONT ASK DONT TELL AM I RITE?
Ok my fiance and I are having a bit of a problem. (UK LAW)

The current flat we live in is a assured short term lease. 12 month contracts, we have been there for 2 years and 11 months. Our Landlord pays an estate agent (Andrews) to run their flats without their prescence.

We have stated many times to Andrews that we have very poor postal service, and that to contact us they must ring us. A note was put on file.

We had someone from Andrews turn up to inspect a while back with no notice given. (Well it was, but it never reached us by post in time) We didn't allow her in. They rescheduled 2 weeks later. They put another note on our account to ring us.

During this time, stupidly, myself and fiancé decided to get another pet without telling the landlords (About 7 months ago). Which inadvertently broke Grounds 14 for repossession. (Causing neighbourly nuisance) Andrews found out about the situation, However there was never any proof that we caused the damage, but it was likely.

When tenants break Ground 14, the landlord could go to court to kick the tenants out with 2 weeks' notice, if the grounds were proven.

We had no communication from Andrews that there was a problem apart from that we had to get rid of the pet.

A week ago Andrews then rang us (Not wrote) To inform us that the contract for tenancy was ending and the landlords did not want to renew the agreement, and were advertising for new tenants already. However they only gave us 5 weeks to move out. (By law, regardless if the contract is ending, landlords have to let us know they would not be renewing the agreement at least 2 months in advance from end of contract)

Anyway, today we had a woman from Andrews stroll in without knocking and unlocked the door with new prospective tenants. Once everyone was in the flat she then asks me if I received the letter about a viewing. I said no, she asked if the viewing can go ahead, I said ok considering they were already in the flat as it stood. I should have told her to gently caress off, but I didn't want to be a dick for wasting potential new tenants time (Stupid decision but still)

At this point, myself and my fiancé are thoroughly disgusted with how we have been treated in the past few weeks. We don't mind not having the contract renewed, but the way it was done and way we have been treated has been poor.

Is there anything I can do at this point? We have already found another flat to move into. But could I get something for damages or not pay the last months rents or something? Just pissed off. If they gave written notice 24 hours in advance to visit the property, but we did not receive the notice because of a terrible postal service, are they still within their rights to view the property?

Sorry for the poorly written essay.

Asomodai fucked around with this message at 17:40 on May 4, 2010

mastershakeman
Oct 28, 2008

by vyelkin
out of curiosity, how do you establish damages in an iied suit? Is it similar to pain and suffering, where you basically make up numbers that sound good based on other suits and hope the jury goes for it?

Surly
Oct 3, 2003
Looks out for one guy; Surly

mastershakeman posted:

out of curiosity, how do you establish damages in an iied suit? Is it similar to pain and suffering, where you basically make up numbers that sound good based on other suits and hope the jury goes for it?
I think you look at what's been awarded previously in similar circumstances.

mastershakeman
Oct 28, 2008

by vyelkin
Yeah, that's what I figured. Problem is, successful iied claims are really rare as far as I know so it would be tough to make a good comparison. Doesn't matter much anyways as the guy in question has no assets so there isn't any reason to sue. Here's the amusing story though, presented in chronological order.

my sister & I both lived in chicago. One night she loses her phone at a party and goes home. Later that night (330 am or so), this guy takes the phone and proceeds to call everyone listed as a family member (mom, dad, aunt, etc) and leave pretty vile messages. He leaves one for my parents pretending to be my sister screaming and crying as she is raped in an alley. My parents hear this message in the morning and freak out and call the cops and me to find my sister. I end up driving to her place, she is fine and didn't even know this had happened until a cop got there just before me. About two hours later the same guy called my parents again saying my sister had gotten hit by a car and was in an ambulance and he had picked up the phone. Parents freak out again and call me, I get annoyed since it's clearly the same guy. Managed to track him down (he refused to return the phone, said he was doing a favor by not selling it) and he fled the state, ended up in jail elsewere for other stuff. So yeah I think there was a good chance of prevailing on the claim, especially since I made sure for my parents and other family to save the messages. I just wish he had had assets we couldve gone after because gently caress that guy.

Incredulous Red
Mar 25, 2008

mastershakeman posted:

my sister & I both lived in chicago. One night she loses her phone at a party and goes home. Later that night (330 am or so), this guy takes the phone and proceeds to call everyone listed as a family member (mom, dad, aunt, etc) and leave pretty vile messages. He leaves one for my parents pretending to be my sister screaming and crying as she is raped in an alley. My parents hear this message in the morning and freak out and call the cops and me to find my sister. I end up driving to her place, she is fine and didn't even know this had happened until a cop got there just before me. About two hours later the same guy called my parents again saying my sister had gotten hit by a car and was in an ambulance and he had picked up the phone. Parents freak out again and call me, I get annoyed since it's clearly the same guy. Managed to track him down (he refused to return the phone, said he was doing a favor by not selling it) and he fled the state, ended up in jail elsewere for other stuff. So yeah I think there was a good chance of prevailing on the claim, especially since I made sure for my parents and other family to save the messages. I just wish he had had assets we couldve gone after because gently caress that guy.

Basically, you're talking about your parents/relatives having the cause of action, though. They'd have to show damages (therapy sessions, etc.). Your sister would have a claim of conversion on the phone theft.

Still, all that said, the dude ran away and ended up in jail. Exactly how much money could he have whereas it would make suing him worthwhile?

mastershakeman
Oct 28, 2008

by vyelkin

Incredulous Red posted:

Basically, you're talking about your parents/relatives having the cause of action, though. They'd have to show damages (therapy sessions, etc.). Your sister would have a claim of conversion on the phone theft.

Still, all that said, the dude ran away and ended up in jail. Exactly how much money could he have whereas it would make suing him worthwhile?

Yeah, the person with the strongest claim wouldve been my mom. For damages thoug, that's my question-do you need actual ones like therapist sessions? Seems like you wouldn't but I don't know that area at all.

it dont matter
Aug 29, 2008

I think I have a pretty strong case for unfair dismissal. Am I better off going to an employment tribunal or taking them to small claims to get money owed to me. Can I do both?

This is in the UK.

Incredulous Red
Mar 25, 2008

mastershakeman posted:

Yeah, the person with the strongest claim wouldve been my mom. For damages thoug, that's my question-do you need actual ones like therapist sessions? Seems like you wouldn't but I don't know that area at all.

Well, generally speaking, you need 4 elements for a claim of IIED:

(1) Defendant has to act intentionally or recklessly
(2) Conduct must be extreme or outrageous
(3) The conduct must be the cause of the
(4) Severe emotional distress

So you basically have to get into proving that there was extreme emotional distress. Back in the day, courts didn't like pure emotional injury, so you'd have people filing complaints for IIED alleging damages resulting from severe emotional distress + <insert random physical ailment> (basically, everybody with this cause of action got stomach cramps, randomly).

Now the plaintiffs still have the burden of showing that they were actually injured in some manner. The best way to do that is to get somebody who would know (read: a doctor/therapist) to diagnose some kind of distress from a traumatic event. It doesn't really have to be too debilitating. Plus, getting that doctor to do it will give you a baseline recovery for your claim, because the defendant's outrageous conduct actually caused quantifiable damages.

Still, ask yourself this: is it worth it to you to pay to sue somebody who likely has no assets?

mastershakeman
Oct 28, 2008

by vyelkin
it's definitely not worth suing, hence the reason it hasn't happened. The statute of limitations expires in a month or so, so it's more of a scholastic inquiry than any real one. I wasn't aware of how to set the damages in that kind of case so thanks for the info.

and honestly it's kind of cool knowing my mom had a pretty good iied case-with a defendant with deep pockets it might have even ended up in a textbook somewere :kiddo:

Incredulous Red
Mar 25, 2008

mastershakeman posted:

and honestly it's kind of cool knowing my mom had a pretty good iied case-with a defendant with deep pockets it might have even ended up in a textbook somewere :kiddo:

Most of the time if something ends up in a text book it's because (1) it's the first or best known case of its type or (2, and more commonly) somebody screwed up and it got appealed.

Surly
Oct 3, 2003
Looks out for one guy; Surly

Incredulous Red posted:

Most of the time if something ends up in a text book it's because (1) it's the first or best known case of its type or (2, and more commonly) somebody screwed up and it got appealed.
it also must be decided be either Cardozo or Learned Hand.

Incredulous Red
Mar 25, 2008

Surly posted:

it also must be decided be either Cardozo or Learned Hand.

Traynor and Posner are up there too.


Also,

Alchenar
Apr 9, 2008

O Hanraha-hanrahan posted:

I think I have a pretty strong case for unfair dismissal. Am I better off going to an employment tribunal or taking them to small claims to get money owed to me. Can I do both?

This is in the UK.

Employment Tribunal. It will cost less. If you have a strong case then you will probably settle anyway. Also if you go to small claims then the judge will ask why you didn't go to tribunal.

Go to your local CAB. If you are in the Greater London Area try to get them to refer your case to the Free Representation Unit.

Mr. Belpit
Nov 11, 2008

NancyPants posted:

In some places you have to show that your tags were current when you were pulled over, in others all you have to do is get them renewed before your court date. The clerk of court is really nice and really helpful and they'll tell you what kind of grace period you have to come to court/get fines paid and whether yours is a place that requires updated registration or proof that it already was. Regardless, they're not going to throw out the charge just for you showing up. You may still pay court costs when the judge throws it out. The clerk for traffic court will know what's required and will tell you.

A while back, but thanks for the good advice. Just showed up with my new registration; the judge dropped all charges and I didn't pay a dime, not even court costs. Talking to the clerk helped out a lot.

I think I freaked out a little since my only other experience with courts was when I went to see my brother go to trial for much more serious offenses - the kind for which he'd had to be careful about what he said and risked some heavy penalties and jail time etc. so my only frame of reference was much more ominous than what traffic court's like.

Leif.
Mar 27, 2005

Son of the Defender
Formerly Diplomaticus/SWATJester

mastershakeman posted:

Yeah, the person with the strongest claim wouldve been my mom. For damages thoug, that's my question-do you need actual ones like therapist sessions? Seems like you wouldn't but I don't know that area at all.

Your mom is the only one with a claim; most states if not all have a "presence" requirement to the outrageous conduct element. Some even require that the injured party has physically seen the outrageous conduct (as opposed to merely hearing it); others only require that the party make a sensory perception contemporaneously with the action.

Her claim is also not as strong as you think. A crank call like that won't necessary meet the outrageous conduct standard.


-e- And on a related note, while doing some research entirely unrelated to this: an instance where a ship's crew member commented within the hearing of a passenger's wife that the passenger was probably dead and that his body would be sucked under the ship and chopped up by the propellers was found not to be "outrageous conduct" and therefore did not meet the requirements for IIED. Wallis v. Princess Cruises, Inc., 306 F.3d 827 (9th Cir. 2002).

quote:

During this time, the ship was traveling towards Athens. No one saw Mr. Wallis fall overboard. By the time the Grand Princess docked in Athens, it was apparent that Mr. Wallis was missing from the ship...Plaintiff asserts that during this time, "Commodore Moulin [the ship's master] subjected [her] to remarks that her husband had fallen overboard; that he died in his fall from the ship; that his body would be sucked under the ship, chopped up by the propellers and probably would not be recovered." Later that afternoon, Commodore Moulin informed plaintiff that the Grand Princess was set to leave port at 5:30 p.m., and that she had a choice of disembarking or continuing with the cruise. Plaintiff chose to disembark and stay in Athens.

On July 16, 1999, Mr. Wallis' body washed ashore near Lavrio, Greece. The body was severely decomposed, but nothing in the record indicates that the body had been cut by propellers. Since Mr. Wallis' death, plaintiff has been diagnosed with depression and post-traumatic stress disorder. Plaintiff claims that she has recurring images of her husband being pulled under the ship and into its propellers....

...We believe the district court was correct when it found that the above conduct was not "extreme and outrageous."...

The standard for intentional infliction of emotional distress under § 46 of the Restatement is extremely difficult to meet and has not been met here. See, e.g., York, 863 F.Supp. 159 (ship's failure to notify authorities of cruise passenger's rape claim, ship's misrepresentation of examining doctor, and ship's misrepresentation of applicable law not found to be outrageous); Visconti v. Consol. Rail Corp., 801 F.Supp. 1200 (S.D.N.Y.1992) (plaintiff's allegations of 54 separate incidents of harassment and abuse—including harassment and belligerence by her managers; fabrications of work rule violations and insubordination; false charges of reproduction and removal of confidential documents; laughter and humiliation in front of coworkers; and obscene language and phone calls—failed to constitute "outrageous behavior"). We therefore hold that the district court properly granted Princess' motion for summary judgment on this claim.

Also, Admiralty law :3:

Leif. fucked around with this message at 01:11 on May 6, 2010

tishthedish
Jan 21, 2007

I'm standing at her shores
I looked through most of the thread and didn't see anything, so hopefully this questioned hasn't already been addressed.

I got in a car accident on 4/30. The other guy admitted fault. His insurance company called me to start the process, and they had adjusters come out and appraise the damage. My bumper was scratched up on the driver side. The color of the bumper has faded over the past 10 years, so the entire bumper would have to be repainted. The adjusters said that the estimate they were giving me would only contain half of the cost to fix the bumper because it was faded and they said that I was partially liable to pay. Thing is, I was fine with the way the bumper was before I got hit; I didn't get to choose to be hit by this doofus, yet they expect me to shell out cash to make my bumper all the same color. I am a college student and cannot afford to do this. From everything I've read on the internet, THEY should pay for the full bumper to be fixed. Is this true, or are the adjusters right?

The main lady working with me called to say that she was sending out the check for the amount that the adjusters gave me, and I told her that I didn't agree to that amount and that I planned to get estimates from the places of my choice. Don't I have to agree to an amount before they send out the check? I thought I had to sign a form agreeing to the settlement before they sent out money.

I also got a medical authorization form to fill out for the injury part. There are a bunch of boxes that are all checked that allow records to be released (ER records, lab/pathology reports, operative reports, etc), and one of the boxes that is checked says "all records". Does that mean that if I sign they can pull all my medical records from my entire life? There is a question above it asking for the "dates of service", but I can't tell if the ticked boxes relate to that question or not. I was in an accident 3 years ago, but all those injuries were resolved and I don't want them to potentially use it against me.

Also, when I went to the urgent care, I used my insurance and paid the co-pay. Is the other guy's insurance company supposed to pay for the whole bill, or just reimburse me for my co-pay?

tishthedish fucked around with this message at 03:15 on May 6, 2010

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Incredulous Red
Mar 25, 2008

tishthedish posted:

I looked through most of the thread and didn't see anything, so hopefully this questioned hasn't already been addressed.

I got in a car accident on 4/30. The other guy admitted fault. His insurance company called me to start the process, and they had adjusters come out and appraise the damage. My bumper was scratched up on the driver side. The color of the bumper has faded over the past 10 years, so the entire bumper would have to be repainted. The adjusters said that the estimate they were giving me would only contain half of the cost to fix the bumper because it was faded and they said that I was partially liable to pay. Thing is, I was fine with the way the bumper was before I got hit; I didn't get to choose to be hit by this doofus, yet they expect me to shell out cash to make my bumper all the same color. I am a college student and cannot afford to do this. From everything I've read on the internet, THEY should pay for the full bumper to be fixed. Is this true, or are the adjusters right?

The main lady working with me called to say that she was sending out the check for the amount that the adjusters gave me, and I told her that I didn't agree to that amount and that I planned to get estimates from the places of my choice. Don't I have to agree to an amount before they send out the check? I thought I had to sign a form agreeing to the settlement before they sent out money.

I also got a medical authorization form to fill out for the injury part. There are a bunch of boxes that are all checked that allow records to be released (ER records, lab/pathology reports, operative reports, etc), and one of the boxes that is checked says "all records". Does that mean that if I sign they can pull all my medical records from my entire life? There is a question above it asking for the "dates of service", but I can't tell if the ticked boxes relate to that question or not. I was in an accident 3 years ago, but all those injuries were resolved and I don't want them to potentially use it against me.

Also, when I went to the urgent care, I used my insurance and paid the co-pay. Is the other guy's insurance company supposed to pay for the whole bill, or just reimburse me for my co-pay?

First, what state are you in?

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