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Author Topic: Pozzed judges, pozzed plaintiffs, shekel-grabbing lawyers, the lawsuit thread.  (Read 7337 times)

Got Soylent?

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in all fairness she only sued to get her medical expenses covered after the ridiculously hot coffee mcdonalds sold, which it garnered plenty of complaints and injuries resulting from, literally melting her labia to her thigh.

Quote from: wikipedia
Her grandson parked the car so that Liebeck could add cream and sugar to her coffee. Liebeck placed the coffee cup between her knees and pulled the far side of the lid toward her to remove it. In the process, she spilled the entire cup of coffee on her lap

Just read that a couple of times and think about the physics of it. This person put a hot cup of coffee in a paper cup between her legs then pulled the cover toward herself to take it off and put milk/sugar. Think about the pressure it takes to collapse a paper cup with no cover on it. Crushing x like a paper cup has become an idiom because of how easy it is to do. She put enough pressure on the side of the cup with her knees to hold it in place while she pulled the cover off. What the fuck do you expect to happen? Take a modern McDonald's coffee cup, fill it with water, put it between your legs and try to pull the cover off and tell me what happens to the water. It was fucking retarded.

I think a lot of people are quick to rush to her defense because of how horrible her injuries were and how hot the coffee was, but that doesn't change the fact that putting paper coffee cup between your legs and pulling the cover off while it's there is stupid.
« Last Edit: March 08, 2018, 08:12:46 AM by Got Milk? »

Handyman

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- People are leveraged to the hilt.  People sue less when they're flush with cash
- There are more lawyers than ever.  In fact there are so many lawyers that job placement rates are pretty shitty unless you go to schools like Harvard or Yale.
- Media conditioning over the past few decades has given people the impression that corporations are bottomless pits of cash.
- A lot of businesses will settle out of court to avoid having their name in the papers.  So people get away with several hundred thousand or low million dollar settlements just so they can go away.

That's the big one right there.  To some extent this issue has died down compared to where it was 20 years ago, but I think that has more to do with corporations adopting a fanatically defensive posture than society reverting back to a non clownworld. 

J Dog

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Speaking of bullshit lawsuits:

http://www.mcclatchydc.com/news/nation-world/national/article203842084.html

California is suing oil companies over climate change (aka shaking companies down for money).  The judge in the case asked for a tutorial of climate science.

Quote
In the upcoming climate change tutorial, Alsup told lawyers he wants a two-part presentation from both sides over roughly five hours.

“The first part will trace the history of scientific study of climate change, beginning with scientific inquiry into the formation and melting of the ice ages, periods of historical cooling and warming, smog, ozone, nuclear winter, volcanoes, and global warming. Each side will have sixty minutes,” the judge wrote in his order.

“The second part will set forth the best science now available on global warming, glacier melt, sea rise, and coastal flooding. Each side will again have another sixty minutes,” he added.

:tenbux:

Rocket

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Sounds like the judge wants to understand the subject before he makes a ruling. That's the mark of a good judge.
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J Dog

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Sounds like the judge wants to understand the subject before he makes a ruling. That's the mark of a good judge.

Even if climate change is real, even if you can tie climate change to a single source, and even if you can quantify the damages caused by man-made climate change, there is still no legal basis on which to find oil companies liable.

The judge is wasting everybody's time and setting the terrible precedent that science is a contest that can be decided at trial, rather than through research and experimentation.

Small Weinered Goon

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Alsup is the clown who prevented DACA from ending this week

Rocket

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Sounds like the judge wants to understand the subject before he makes a ruling. That's the mark of a good judge.

Even if climate change is real, even if you can tie climate change to a single source, and even if you can quantify the damages caused by man-made climate change, there is still no legal basis on which to find oil companies liable.

The judge is wasting everybody's time and setting the terrible precedent that science is a contest that can be decided at trial, rather than through research and experimentation.
Then the case should have been dismissed on a 12(b)(6) motion. The Iqbal/Twombly standard is pretty strict and Spokeo only made it worse. If the case survived a motion to dismiss, then it moves to the proof stage. I don't know shit about this case but it looks like the claims are based in common law. I didn't see any environmental statutes cited in the article. At any rate, the complaint seems to have been pleaded under good law.

This judge allowed removal to federal court, which is a win for the oil companies. The Plaintiffs wanted this kept in California state court where the Defendants would be home cooked. But this might only portend that he wants control over the case so he can steer the law.

If there is a Rule 56 motion then the judge has to ask about proof. When the judge gets conclusive proof on one side, such that there is nothing for the jury to consider, he can grant summary judgment to either side, even sua sponte. So again, if we are past 12(b)(6) he has to ask for proof. Having a hearing is unusual for federal court. Outside of criminal matters or very, very large cases, hearings are rare. Maybe this gets a hearing because the government is involved. At any rate, he seems to be the type of judge to try to learn the facts about an issue and not just fire from the hip. You should appreciate that about him. God knows most federal judges are not like this. They really don't give a shit about the facts.

This also makes for a better basis for appeal. The more facts come in, the more likely this is a jury decision and not one that can be dismissed as a matter of law. I think cases are kept from the jury much more than they should be. The 7th Amendment is your friend.
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J Dog

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And I'm telling you you're wrong and the suit is nonsense.  Going after oil producers over global warming would be like suing mining companies over the Parkland shooting because they mined the raw materials that were used to make the guns that the killer used during his rampage.  California is trying to pin responsibility on something as amorphous as global warming on companies that are three+ steps removed from the people who theoretically caused the supposed harm.

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The problem is you don't understand how the law works. And actually, your bigger problem is that you don't understand when it is explained to you. If there is a claim, and they have stated it properly, the judge is doing exactly what the law requires that he do and what you would hope he would do and at least try to work with the facts and not his emotion. What if, after all of this, he dismisses the case and says that, as a matter of law, the Plaintiffs cannot bring this case? That would be a much bigger win than simply a dismissal for failure to state a claim. Do you understand that?

If only I had over a decade of experience working exclusively in the federal court system I might know what I am talking about.
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Whig Historian

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Anybody can sue anyone for anything, as long as they submit a complaint that, if taken as true, would constitute a cause of action. Anything beyond that is either a question of law, or a question for the trier of fact. Whether or not the factual allegations made are nonsense is a question for the trier of fact, and those determinations usually aren't made until you're well into the suit.

J Dog

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:888:

At this point you have to realize I don't care.  This is the pozzed plaintiffs thread.  Here we have a bunch of pozzed plaintiffs trying to bilk oil companies out of $$$, and a pozzed judge who is playing games, and will potentially write a binding judgment that will fuck over all reasonable sense of liability. 

I can sit here and scratch my chin as I glance down at my copy of the Rules of Civil Procedure, or I can call it like I see it.

I'm calling it like I see it.

Rocket

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:888:

At this point you have to realize I don't care.  This is the pozzed plaintiffs thread.  Here we have a bunch of pozzed plaintiffs trying to bilk oil companies out of $$$, and a pozzed judge who is playing games, and will potentially write a binding judgment that will fuck over all reasonable sense of liability. 

I can sit here and scratch my chin as I glance down at my copy of the Rules of Civil Procedure, or I can call it like I see it.

I'm calling it like I see it.
The judge is following the law and doing it more appropriately than other judges do. I'm having a hard time hearing your whining when the judge is doing the right thing, despite his political leanings. This is exactly what you want him to do.

What you are asking is that he throw the case out because you don't like it, irrespective of the law. Yet, when a liberal judge usually does that you squeal about how crooked judges are. You are trying to eat your cake and still have it. Do you just not want us to have a court system? A lot of good comes from the court. Every right you rely on has been tested and upheld in court. What system would you have replace it?
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kosher nostra

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A system that executes browns by the millions. :nixon:

J Dog

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The judge is following the law and doing it more appropriately than other judges do. I'm having a hard time hearing your whining when the judge is doing the right thing, despite his political leanings. This is exactly what you want him to do.

We'll see.   :geithner:

Rocket

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The judge is following the law and doing it more appropriately than other judges do. I'm having a hard time hearing your whining when the judge is doing the right thing, despite his political leanings. This is exactly what you want him to do.

We'll see.   :geithner:
You have every right to be concerned about what ruling he might make, but I was just letting you know his process is above board.
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J Dog

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You have every right to be concerned about what ruling he might make, but I was just letting you know his process is above board.

Not if he's manipulating the process to serve a political end, but I'm not going to argue about what a judge might do.  We'll know for sure soon enough.


Whig Historian

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One of my office-mates just told me about a DR case where the judge (who is female) seems to have a grudge against all other women, so she's been coaching the pro se guy through his testimony while on the record, and keeps issuing sua sponte continuances so the trial has been going on for ~4 years. :judy:

Rocket

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One of my office-mates just told me about a DR case where the judge (who is female) seems to have a grudge against all other women, so she's been coaching the pro se guy through his testimony while on the record, and keeps issuing sua sponte continuances so the trial has been going on for ~4 years. :judy:
Have I got some stories for you. And what kind of hearings are these? It can't be a 4 year trial. DR sounds like a state thing. Domestic something?
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professional lurker

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He definitely had sex with her and paid her to keep quiet and I, as a non-religious republican, think that that is fucking awesome.

Also this shit just came up in my last read feed so I'm talking about Stormy Daniels/Donald Trump and not about gay global warming
« Last Edit: March 09, 2018, 12:36:31 AM by professional lurker »
"I'm really boring. My current hobbies right now are playing Animal Crossing on the DS and... I dunno, I did a bit of knitting last night for the first time in months after boy broke up with me over the phone (I can only cast on and knit stitch though). I surf the internet like every other person in the entire fucking world. I constantly have ideas that I never follow through on. I want to be a nurse someday. I want to drive. I nearly got my licence a few years ago but blacked out at the wheel due to my (90% now-cured) anorexia and haven't driven since."

asip

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Part of my job includes attending mediations between insurance companies and claimants. These are sometimes ordered by judges before a trial in order to reach a settlement. I'm with the defense on these. The handful I've attended have mostly been total bullshit.  Man slips on some wet stairs while drunk as hell on vodka and breaks a leg. $180k settlement. Another involved a slip and fall with injuries that were suffered previous to the fall but claimed to be worsened by the fall. The trouble with both cases involved code violations that were known and never fixed previous to the accidents. So yes some bullshit does slip through the cracks for quick bucks. On the other hand, I'm really only exposed to the defense side of things.

Another case that I was a part of involved a landscaping company doing contracted highway maintenance like mowing. An employee drove from from the shoulder into traffic going highway speeds killing one. This employee had no license and the company was warned very specifically not to pull out in traffic due to previous incidents. If I remember correctly the employee was also and illegal. I had to sit there and agree with a real slimeball attorney during the mediation over every stupid point he made. It didn't get settled but I hope that family got millions.

I've also been burned by an insurance company myself. Some dipshit turned left in front of me and totaled my car. My head hit the visor and I got a wicked gash on the front/top  my head. The car was deemed to be half of its actual value due to "stains on the seats." The stains were my blood but they weren't having it. Countless ads and examples of like cars selling for $x had no effect.

The immense pain I had in my rib was deemed by a doctor to be a bone contusion. There was no sign of injury other than the gash, even with an x Ray. Didn't stop me from being damn near immobile for a week with nothing but 5 tramadol tabs to dull the pain. After I was able to drive again, they called and told me the value of the my car and that I needed to turn in the rental they gave me. This was about a week and a half in. There was no negotiation or discussion, the car had to go back. So there I was with no car and a BS offer they weren't budging on.

As for the injuries, their first offer was $1500 plus medical bills. Needed a hell of a lot more since they valued my car wrong. After a fucking year I settled for $4k as they weren't budging and giving a lawyer 33% of an unknown amount scared me. Three years later, I'm bald and have a big dumbass scar.

Also tort reform is the clearest sign of corruption and palm greasing ever and I am stunned that anyone had the balls to vote for such a thing. Juries hear evidence and testimony that regular people do not. It's easy to look at a case from a news article and be outraged. It's less easy to listen to testimony and decide a verdict within the boundaries of law. Juries should be trusted as they and no one else are in special positions to view a case as impartially as possible.

Whig Historian

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One of my office-mates just told me about a DR case where the judge (who is female) seems to have a grudge against all other women, so she's been coaching the pro se guy through his testimony while on the record, and keeps issuing sua sponte continuances so the trial has been going on for ~4 years. :judy:
Have I got some stories for you. And what kind of hearings are these? It can't be a 4 year trial. DR sounds like a state thing. Domestic something?
Domestic Relations, i.e. divorce and custody. From what I understand, she just stops the proceedings and tells the parties to come back in a few months to pick up where they left off, apparently in the hope the woman will get tired of fighting.

Bitter Weirdo

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Part of my job includes attending mediations between insurance companies and claimants. These are sometimes ordered by judges before a trial in order to reach a settlement. I'm with the defense on these. The handful I've attended have mostly been total bullshit.  Man slips on some wet stairs while drunk as hell on vodka and breaks a leg. $180k settlement. Another involved a slip and fall with injuries that were suffered previous to the fall but claimed to be worsened by the fall. The trouble with both cases involved code violations that were known and never fixed previous to the accidents. So yes some bullshit does slip through the cracks for quick bucks. On the other hand, I'm really only exposed to the defense side of things.

Another case that I was a part of involved a landscaping company doing contracted highway maintenance like mowing. An employee drove from from the shoulder into traffic going highway speeds killing one. This employee had no license and the company was warned very specifically not to pull out in traffic due to previous incidents. If I remember correctly the employee was also and illegal. I had to sit there and agree with a real slimeball attorney during the mediation over every stupid point he made. It didn't get settled but I hope that family got millions.

I've also been burned by an insurance company myself. Some dipshit turned left in front of me and totaled my car. My head hit the visor and I got a wicked gash on the front/top  my head. The car was deemed to be half of its actual value due to "stains on the seats." The stains were my blood but they weren't having it. Countless ads and examples of like cars selling for $x had no effect.

The immense pain I had in my rib was deemed by a doctor to be a bone contusion. There was no sign of injury other than the gash, even with an x Ray. Didn't stop me from being damn near immobile for a week with nothing but 5 tramadol tabs to dull the pain. After I was able to drive again, they called and told me the value of the my car and that I needed to turn in the rental they gave me. This was about a week and a half in. There was no negotiation or discussion, the car had to go back. So there I was with no car and a BS offer they weren't budging on.

As for the injuries, their first offer was $1500 plus medical bills. Needed a hell of a lot more since they valued my car wrong. After a fucking year I settled for $4k as they weren't budging and giving a lawyer 33% of an unknown amount scared me. Three years later, I'm bald and have a big dumbass scar.

Also tort reform is the clearest sign of corruption and palm greasing ever and I am stunned that anyone had the balls to vote for such a thing. Juries hear evidence and testimony that regular people do not. It's easy to look at a case from a news article and be outraged. It's less easy to listen to testimony and decide a verdict within the boundaries of law. Juries should be trusted as they and no one else are in special positions to view a case as impartially as possible.

You shoulda got a lawyer.

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Was just waiting for Rocket to implode itt. Didn't take long at all!

:tom:

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You have every right to be concerned about what ruling he might make, but I was just letting you know his process is above board.

LMAO if you think that there is any doubt about the outcome there or that loony California judges give a shit about the law or the Constitution when they rule. 

Rocket

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You have every right to be concerned about what ruling he might make, but I was just letting you know his process is above board.

LMAO if you think that there is any doubt about the outcome there or that loony California judges give a shit about the law or the Constitution when they rule.
Yea, that's why I said he has the right to be concerned.
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