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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?
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May 4, 2010 17:40
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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.
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May 4, 2010 18:36
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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. 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.
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May 4, 2010 19:04
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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 
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May 4, 2010 19:53
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I live in Chicago and have always thought that you could get a DUI while on a bicycle, either under the DUI law or a separate BUI or something similar. In fact, a friend of mine told me his roommate got one less than three years ago here. However, yesterday a friend told me about People v. Schaefer, 654 N.E.2d 267, 274 Ill.App.3d 450, 210 Ill.Dec. 968 (2nd Dist. 1995) which says that bikes aren't vehicles and thus aren't subject to the state DUI statute. Sadly, I can't find the case itself on anything public like Findlaw, so is there a chance of someone looking it up in Westlaw/Lexis and telling me if it's still valid? I've also looked through the Chicago/Cook County codes and can't find anything there about a separate bicycling under the influence. A bunch of blogs say that Schaefer's still good law but there's no way I'm going to believe them.
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Oct 3, 2011 01:22
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My aunt (living and working in Illinois) was recently laid off and her employer is withholding her final paycheck right now. The employer wants her to provide her password on the work computer for her user account. She wants to know if there's any law prohibiting this. I can't find anything at all about employee logins, so it seems like the employer is in the wrong by refusing to pay her the money. Any ideas if there's anything to look into here? And yes, this makes no sense because the employer should be able to log on with admin and do whatever they need to do, but apparently they're idiots. Seems to me the employer is violating 820 ILCS 115/5 (& 14 for the penalties for not paying) but I want to make sure. edit-I also found admin code about this: http://www.ilga.gov/commission/jcar/admincode/056/05600300sections.html which indicates that wages can't be withheld for damage or return of employer property. I'm guessing that's the only thing that's even close to being applicable and that the employer has no leg to stand on. mastershakeman fucked around with this message at 01:42 on Feb 17, 2012 |
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Feb 17, 2012 01:33
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Diplomaticus posted:Jesus christ, no for the love of God just loving stop. IIED/NIED cases have one of the toughest evidentiary barriers to prove precisely because idiots like you like to make those cases when nothing else works. 99.999999999% of the time, IIED/NIED is going to be an incidental claim on top of some other intentional tort. Which we've already told you, you don't have. Which should tell you, you don't have an emotional distress claim either. I actually had a pretty solid IIED claim come up about 5 years ago, but it's so hard to prove damages (and the guy was likely judgment proof anyways) that it wasn't worth pursuing. I sort of wish I had anyways just because they're so rare.
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Nov 30, 2012 06:25
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My mom actually had a pretty good case for IIED against someone (random dude at a party stole my sister's phone, called mom, left voicemails about raping sister and faking her crying for help, then the next day called again saying sister had been hit by a car and was being taken to a hospital unconscious) but since he was judgment proof we never filed anything. Bums me out to this day since it's so hard to win one of those. I'm still unclear how you prove up damages in that kind of case, oh well.
mastershakeman fucked around with this message at 22:56 on May 14, 2013 |
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May 14, 2013 22:53
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Tell them their dog just got a butt kicking from a cat and the dog should feel bad and they should feel bad.
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May 19, 2013 00:06
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FlyWhiteBoy posted:My car was legally parked in front of my house a few days ago in California before I went on vacation. I was told today by a roommate that my car was towed for construction on the road. There were no signs or notice posted when I parked there. What are my options? It doesn't seem right that they are able to do that. How much notice is required to be given and am I responsible for all towing and storage fees? Realistically you're screwed. I had the same thing happen to me once, but the ticket listed the wrong side of the street where there was no construction. I brought in pictures and the admin judge said since I didn't have pictures the day off the tow I couldn't prove there was no construction zone. Just pay the tow costs and fine.
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Jul 11, 2013 17:26
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QVC Drinking Game posted:I'm curious as to what, uh, hypothetical circumstances would result in that kind of situation. How do I kill someone and get away with it.
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Jan 18, 2014 20:10
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ibntumart posted:Except in doc review, which is pretty much the only good thing to say about doc review. I don't think this is actually true, but rather part of the business model. I know you don't get time and a half unless the company feels generous (aka can't convince anyone to come in and work extra hours).
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Sep 3, 2014 22:08
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WhiskeyJuvenile posted:me too My goal is to be the judge I see who spends most of his time doodling while attorneys ramble in front of him, then makes his ruling without considering anything they'd said. Even better, someone told him today that his clerk had fallen asleep and wasn't stamping orders and he just shrugged.
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Sep 25, 2014 22:56
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EAT THE EGGS RICOLA posted:My former patent attorney boss became a small claims judge, and last I heard, when there was a dispute over the sale of a few dozen large drums recently, he made them come back with all the drums (multiple truckloads worth) just so he could get an idea of how many drums there were. I wish I'd been in the courtroom my colleagues were in, when someone foreclosed on a farm and the defendant was going "that's fine, but what about my sheep?" and the judge ended up asking if anyone in the courtroom knew what it took to care for sheep and how you did it. Another colleague of mine was at a sheriff auction where some horses were foreclosed on, with auction names such as 'unnamed foal, 8 months old' and the attorneys started bidding $1 each. This is all in Chicagoland, which one wouldn't think is that rural.
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Sep 25, 2014 23:28
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xxEightxx posted:Any of you law goons behind this new fad of using a printed piece of paper on a car window to avoid dui checkpoints? A map?
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Jan 17, 2015 01:21
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Gilyon posted:Yeah, obviously it's not hypothetical, heh. I was arguing with some co-workers over the second arrest. My feeling is that, as you said, the other drugs found at the home would be used in relationship to any final sentencing the person would get for the charge from the first arrest. And that the drugs seized at the home are evidence related to the first arrest, not PC to lock the person up again for the same charge. In the jurisdiction this happened in, there is no higher charge for the amount somebody possesses (except for marijuana) - having a large amount of a drug is simply more evidence of the arrestee having intent for something other than personal use. Even though a larger amount of drugs were found in the home, the charge for the new arrest is the same charge as the original arrest that generated the warrant. Why did you tell your coworkers that you got arrested for drug dealing?
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Feb 6, 2015 15:19
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xxEightxx posted:The point is no because they are being literal and saying you can write anything down and file it as a complaint. There was a case in lawschool where a guy tried to sue the devil and the judge threw it out because of a lack of service of process iirc. But the guy was still able to sue. Why couldn't you just serve him by publication? Really, that judge should have let the case proceed all the way, and then let the plaintiff figure out how exactly he was going to enforce his judgment.
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Mar 12, 2015 03:52
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If your intent is to stop paying your mortgage, feel free to google 'sovereign citizen pro se' for help and you'll find that you can live mortgage free for years! Just make sure not to record your land patents against public officials.
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Apr 11, 2015 15:26
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Hot Dog Day #91 posted:No, you asked: "mortgages and law; why?" What is a law; really? When you think about..it.
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Apr 11, 2015 15:35
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Anti-Derivative posted:OK so your answer is that these courts don't apply actual law, therefore the only advice is he loses. I'm in evictions court in Illinois every week and the judges absolutely do not follow case law and their eyes glaze over if you try to cite it. They're more interested in moving the other hundred cases they have up that morning. He could very well win if an eviction is filed against him and I can recommend a half dozen lawyers to help but it's a toss up. mastershakeman fucked around with this message at 19:46 on Apr 23, 2015 |
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Apr 23, 2015 19:42
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Hot Dog Day #91 posted:You have a wood fire stove that you use? That's a thing? Thank god for Texas. That sounds awesome to have as a renter and a nightmare for a landlord unless the landlord has a side business of selling overpriced firewood in the lobby.
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May 8, 2015 14:48
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Canine Blues Arooo posted:So a bad thing happened. My car was stolen. Are you positive it wasn't towed?
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May 12, 2015 15:12
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ActusRhesus posted:Today I had a judge insist I sit and have a cup of tea with her while she expressed her dissatisfaction with other lawyers in the building. This happened recently with one of my small time firm's lawyers by an appellate judge on the 7th circuit and everyone is still confused on how and why it happened. Judges are humans too, I guess.
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May 27, 2015 20:24
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Rig up a spring loaded shotgun aimed at their knees if they open the gate.
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Jun 10, 2015 16:41
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Alchenar posted:Name a situation in which statutory rape would be reasonable in the moment to most people. Sure, I'll name one that I've seen occur. Guy meets group of women in bachelorette party at bar, gets oral sex in bathroom. Girl turns out to be 16 in a state where that's under the limit (so not Indiana, etc)
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Jul 17, 2015 13:34
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Better yet, draft a release of the mortgage, record that, get a new mortgage based on the old one being released, repeat a half dozen times then avoid service on your boat in the Caribbean.
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Jul 24, 2015 22:07
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the milk machine posted:keep going, i'm writing this down Make sure not to use the same bank twice!
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Jul 25, 2015 17:41
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reformed bad troll posted:I would question why you are going to a bar with a buddy and being the only one not drinking. That's the dumbest thing. Yeah everyone knows if you go to a bar you should get poo poo faced wasted or else there's no reason to be there
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Jul 27, 2015 13:26
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St. John Coltrane posted:I am in Chicago, IL. You may remember me from a few months ago when I had a few questions regarding my landlord’s threats of eviction due to my saxophone practicing. I’ll dispense with the latest updates on this ongoing saga for now and get straight to my question regarding service of process in Chicago: Check the cook county sheriff site, there might be more info there. get an attorney mastershakeman fucked around with this message at 21:01 on Aug 14, 2015 |
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Aug 5, 2015 23:48
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Hot Dog Day #91 posted:Master shake is that true? Pretty much. Remember, even Rahm couldn't get that one dude out of his house! Chicago sax guy: what judge did you get? I hope for your sake it's Hambright (enjoy the 20 minute speech)
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Aug 11, 2015 15:17
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Aren't most grad students expected to stay on their parents plans?
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Aug 14, 2015 22:50
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Gobbeldygook posted:Two unrelated hypotheticals. As to the latter: https://en.wikipedia.org/wiki/Bernie_Tiede
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Aug 16, 2015 19:38
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the milk machine posted:In general, yeah I think so. In Virginia, a small claim and certain other stuff would start in the General District court, which is not a court of record (no reporter or transcript unless you hire your own). If you don't like the result, you re-try the case in the Circuit Court, which has all the normal esoteric rules of procedure and evidence and such. Just FYI, but Cook County Circuit Court, one of the largest in the country, also has no reporter or transcript available unless you bring your own reporter, but it's as real a court as any other. The only 'record' is one done with carbon paper that is usually illegible. Good times.
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Aug 26, 2015 02:22
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St. John Coltrane posted:Welp, never mind. Was just served by a crazy man who sounded like he was straight up going to break into my apartment. He also said that I should make sure to show up to court because 'no one's getting evicted now under Obama.' Whatever happened with this?
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Sep 4, 2015 04:03
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Alterian posted:Nobody's going to point out that the age of consent in NY is 17? Its only 16 if you are less than 4 years older and you admitted you were 28. Why bother, it's more fun to wait for him to realize that being told someone is 16 doesn't actually make them 16.
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Sep 18, 2015 13:22
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Phil Moscowitz posted:Did they finger you? Why did you specify that kind of fingering but not the other? What are you trying to hide
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Oct 9, 2015 23:44
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KicksYouInHalf posted:Fair enough, it was mainly the changing of an already signed document that felt gross to me. Words on paper.
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Oct 14, 2015 03:49
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Phil Moscowitz posted:Is the hearing on Monday or something? If so he needs to go in an explain himself to the judge. I've never seen a judge default anyone, much less an unrepresented party, if they showed up and asked for time. I have, it's actually pretty funny. "How come you didn't answer the complaint? It's been 4 months since service." "I was in the hospital." "For four months?" "Well, no." "Default entered." also there is of course a whole lot of stuff going on with that case not being told to the thread and it probably boils down to your family member refusing to pay their attorney because the whole appearance but no answer thing is really weird mastershakeman fucked around with this message at 17:06 on Oct 25, 2015 |
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Oct 25, 2015 17:03
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blarzgh posted:What kind of moron attorney would file an appearance, but not an answer?! It can happen a lot as a delay tactic but only with attorneys that know what they're doing
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Oct 26, 2015 14:39
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They're also going to be very upset with their lawyer when they get MSJed instead of the plaintiff rolling over and settling
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Oct 27, 2015 01:07
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