Comments by "MarcosElMalo2" (@MarcosElMalo2) on "Steve Lehto"
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@MelissiaBlackheart Even in right-to-work states, a legal employment contract prevails. At will employment laws do not automatically apply if there are terms and conditions in the contract that spell out termination. Absent a legal contract, the state employment laws are the operant laws. Marvin and Patrick are substituting their opinion for expertise. I doubt they have experience as employers or as an employee hired on contract.
Of course, this doesn’t mean Musk has to let the contract employee work. He can have someone else do her job and let her sit in her office doing whatever. What he cannot legally do is take away pay or benefits or otherwise unilaterally break the contract. I joined a company where one of the managers and the owner had a dispute. The manager had a year left on the contract, so the owner still had to pay his salary and benefits until the end of the contract. The owner did this while relieving the employee of his managerial duties.
Every day for about three months the guy showed up, went to his office and read the newspaper. The owner finally got sick of having him around. I wasn’t privy if the owner paid off the balance of the contract in a lump sum or just told the employee to stop coming in while continuing to pay him, but after a few months, we stopped seeing him.
I later was also terminated, but as an at-will employee, so I didn’t get to sit around and get paid for doing nothing. 😂 Honestly, the owner was an SOB and I wasn’t sad to go.
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@anonymouse14 Liability, yes. Criminal charges, probably not. U-haul has a good mens rea defense here, and any prosecutor would think three times and then opt not to prosecute. Mens rea is intention, and it would be quite easy for the defense to prove that no one at Uhaul intended to steal.
For a civil case to recover monetary damages, it’s equally clear cut that Uhaul is liable, since their negligence led to the loss of the client’s property. Any jury would award damages. Unless Uhaul is very stupid (always possible with big corporations), they would want to settle this quickly and not argue about a reasonable ask (between full value and 150% or perhaps 200% of value, depending on how high). There might be several rounds of offer/counteroffer. Probably the couple would want to settle this sooner rather than wait for the matter to come to trial. But if they are willing to wait, they might get a bigger payoff at trial.
If it was me, I’d start negotiations with the company before retaining an attorney. I’d have my minimum acceptable offer in mind based on value of the lost possessions and the inconvenience of replacement. A lot of times you can get a fair settlement quicker if you DON’T retain an attorney, and you won’t be on the hook for the attorney’s contingency. Once you hire attorneys, the company won’t talk to you and everything is done between your attorney and theirs. If I was offered anything like 150% of fair value, I’d be satisfied. Less than 125%, I’d probably seek legal assistance.
That said, if one is too angry and emotional, it might be better to hire an attorney from the get go, and let them handle the case.
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Ben Dover The good old S/M defense? To win, you’d probably have to show a history of engaging in the hobby of S/M. Let’s look at a case of suspected domestic abuse. It’s not unheard of for the victim of the abuse to defend the abuser—there are laws on the books that allow prosecution anyway although such cases can be very difficult to win if the witness doesn’t cooperate.
There are also going to be situations where the victim has been intimidated into claiming there was consent in an ordinary assault. This could apply to the domestic abuse and the S/M situation, too. I don’t know for a fact, but I think one factor would be the level of injury. Visible marks, cuts, and scrapes would be one level. Broken bones, fractures, and the like would be a more serious level.
I think that in some situations, prosecutors would bring charges against the top for S/M activities if they resulted in serious bodily injuries, such as fractured or broken bones, even if the bottom claimed consent. They would be looking at circumstantial evidence as well as victim/witness testimony. Investigators might ask the neighbors if there was a history of domestic fighting. There might be hospital records from previous incidents.
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If it flies, floats, etc, it’s also cheaper to buy used. I’d still avoid high maintenance models, though.
For the guy who mentioned motorcycles, every year thousands of guys who fantasized about having a motorcycle their whole lives buys a bike only to realize the reality doesn’t match their expectations. This is why there’s tons of good deals on used bikes, even ones that are recent models.
And during economic downturns, the motorcycle is the first thing to go. The dentist that lost money on the stock market or the worker who has his OT cut both face belt tightening. The easiest luxury toy to liquidate is that bike they bought new but hardly used.
There’s also seasonal variations in those parts of the country that have “real winters”. Spring, Summer, and Fall are the riding seasons. The beginning of winter is (on average) the best time to buy a bike.
If I wanted to rent a motorcycle (say for the summer), I’d buy one used and then sell it when I was done. The “rental cost” is the difference between the buy price and the sell price. You might even break even. You might even make a profit. If the bike is already used, the depreciation should already be built in to the price.
I suspect the above rules of thumb hold true for RVs. People buy them new, are disappointed, and then are willing to unload them at the end of summer, even if they haven’t had any problems.
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I don’t think I’d want to purchase a home in a HOA community, but I think that (probably) the majority of them aren’t that bad. We hear about the nightmares, not the well run HOAs. However, I wouldn’t want to get locked into even a well run HOA because you never know what might happen in the future.
My parents bought a vacation beach house in an HOA, and AFAIK they never had problems. It was going to be their retirement home someday. But when my mom died, my dad sold it. It was less than a mile inland on a terraced hill with a great view of the Pacific Ocean. There was a private parking lot near the beach, but we kids usually just walked on the footpaths that wound through the community.
I have no idea what the monthly fee was, but it couldn’t have been cheap. The HOA took care of all the front yards, the aforementioned footpaths, the community center, and the security guards.
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@uraldamasis6887 It is possible, but super unlikely in a used car scenario. The way it would work is this: the original purchase contract (or the rebate agreement) could include “pass-thru” language stipulating future contracts between you, the original buyer, and future buyers. To sell the car, you’d need put in clauses that waive the right to sue (and the manufacturer would obviously provide the mandatory clauses). Those contract clauses would pass thru to any future sales.
You’re not so much waiving the rights of future buyers as it is requiring them to waive their rights as a condition of buying your car.
TLDR: a contract can control and specify the terms and conditions of future contracts between the buyer and subsequent buyers.
Sounds ludicrous, right? But there are precedents for such pass-thru agreements in the armaments industry, where contract language defines future contracts with third parties. Let’s say a German tank manufacturer sells some tanks to the Italian government. The Italian government is contractually restricted from exporting those tanks to other buyers without approval from the German manufacturer. Let’s say there’s two potential buyers in third countries: the government in Myanmar and an arms broker in Spain.
The manufacture has the contractual right to reject either buyer. Maybe they don’t like Myanmar’s human rights policies, so they say, “No, Italy, you can’t pass the tanks to the Myanmar government. But you can sell to the broker in Spain if they sign a pass-thru agreement that controls to whom they can sell the tanks, that gives us ultimate approval over the sale.” This is to avoid the broker turning around and selling the tanks to Myanmar.
These sorts of pass-thru agreements are real. They have affected countries trying to send war fighting equipment to Ukraine, delaying the shipment.
It’s unrealistic that a car dealer could make buyers sign such a contract, but it is possible. The export can even be mandated by the government of the country where the manufacturer is located, defined by export control laws of that country, which adds another layer of approval.
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I have an incredible investment opportunity for you all! 😉
Just kidding! On a more serious note, I was thinking early today how the phrase “taking the fifth” has entered the non-legal lexicon, to mean “that’s none of your business”, “that’s a private matter”, or just plain, “I’d prefer not to say or discuss it”. I find this worrying because it could be an indication that potentially criminal behavior is becoming normalized. Or information/answers that should be a matter of public record is being concealed.
Recently, the January 6th committee played a taped deposition of Michael Flynn taking the fifth when asked if he believed in “the peaceful transition of power, either morally or legally”. I found it pretty wild that either answer to that question, yes or no, could be self-incriminating. It wasn’t normal to me, but it at the same time seemed unsurprising these days for an official or ex-official to refuse to answer questions about basic American Democracy.
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@Skank_and_Gutterboy I’d argue that you don’t need those administrative skills to be a lawyer, UNLESS it’s your practice. Does a law firm want all of its associates and partners to be able to run the firm? No, they want people to do the work for which they were hired. The managing partners might hire an office manager for day-to-day operations of a non-legal nature. They might hire a comptroller. But nobody else needs management skills (unless their duties require them). Administration and management skills are not a requirement to be a competent lawyer. Doing your job competently is a requirement (obviously).
The job of a district attorney is to represent “the people” in prosecuting crimes. If no crimes are being prosecuted, there’s a problem. If there are not enough prosecutors because the DA fired them, that’s incompetence. It’s like chopping your hands off. If you did that, you would not be competent to do any job that required the use of your hands.
Fortunately, the DA could have gotten new hands. Unfortunately, she chose not to or was unable to get new hands. That is incompetence to be an attorney. I bet that she’d still have her license if she had resigned and said, “I can’t do this job, this is too much responsibility, someone else take over,”.
I suspect the former-DA Manlove was some wacky conspiracy-believing right wing nutjob, and she got elected on that basis. It would be very interesting to see her work history.
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Maybe the horse is a mare? Perhaps the horse will also be a bridesmaid. Of the horse is a stallion (hopefully it isn’t a gelding), perhaps she plans to marry the horse? How old is the girl, anyway?
I’m also curious if the daughter has a husband (or wife) picked out, or if this is just her plans for a wedding after she finds her one true love. This could be a filter to avoid marrying a non-lover of horses. “If you want to be my lover, you gotta get with my horse,” sang the very wise Spice Girls. Or words to that effect. I might be paraphrasing.
I do picture a Cowboy (or Cowgirl) Wedding. The couple would both be on horseback. The priest would be on horseback. If you squinch up your eyes and use your imagination, maybe you can visualize what centaur marriage ceremonies must have been like before centaurs became extinct. Anyway, both the Cowboy (or Cowgirl) and the Bride would have guitars slung on their backs. When it came time to exchange vows, they’d unsling the guitars and sing their vows to each other. Think Dale Evans and Roy Rodgers. I don’t think the priest would have a guitar. That would be too much. 😉
At the end of the ceremony, the newly married couple would ride off into the sunset, while the wedding party discharged shotguns and revolvers into the sky.
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The issue isn’t so simple. For example, I want a water proof or resistant phone. I can buy one from a variety of manufacturers. I want finger print ID secure my phone. Again, available from a variety of mfgrs. I currently have such a phone. If I want to replace the battery, it’s only $30 if I take it to the mfgr’s retail store or send it in. I can opt to repair that battery myself for around $15, but in opening it up I might ruin the water proofing seals.
I’ve bought older used phones and replaced the battery. I even had a fire once because the battery was difficult to remove and the battery package tore. Honestly, it’s worth the extra $15. Plus, I don’t have to worry about the seals. I don’t have to worry about something happening to the finger print cable.
And I’m going to be a little pissed if phone manufacturers are prevented from making phones with the features I want, to make it easier for some 10% or less of consumers to repair their own phones. I don’t want my phone’s manufacturer to use larger components to make repairs easier, or bigger cases so there’s more room for the DIYer to work with.
I have been doing self repairs and DIY all my life. Usually, I like buy a quality product that will last, take care of it, and if necessary, do maintenance and repair.
But I don’t want a worse product so some other DIYer has any easier time of it. If there was really a big market for DIY friendly phones, someone would be filling that demand. Probably someone is. But please don’t limit my choices for your right of repair. Please don’t restrict mfgrs’ ability to innovate with stupid rules. Make well thought out ones so I can still get what I want, and a DIYer can repair their own phones.
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