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TheSexKitten
06-11-2008, 04:12 PM
Hey dude did you ever get my PM?

Blackstone
06-19-2008, 10:42 AM
Still hanging about

TheSexKitten
06-19-2008, 11:31 AM
Respond to my pm if you have nothing better to do :P

Blackstone
06-19-2008, 03:21 PM
Respond to my pm if you have nothing better to do :P

Done and done

CuriousSeeker
07-07-2008, 06:33 AM
A dancer (nope, not me) is accused on a SC review site of acts of prostitution and drug use in the CR of the SC. She swears such things never happened, and there's enough video of the CR to back up her claim. She is readily identifiable by her physical description on the site and her stage name. Any recourse or likelihood of success for her in this situation?

jaizaine
07-07-2008, 07:41 AM
No offense to anyone intended but I can't believe people are asking for advise here ::)

pookie
07-07-2008, 08:38 AM
Im contemplating it

Blackstone
07-07-2008, 01:16 PM
A dancer (nope, not me) is accused on a SC review site of acts of prostitution and drug use in the CR of the SC. She swears such things never happened, and there's enough video of the CR to back up her claim. She is readily identifiable by her physical description on the site and her stage name. Any recourse or likelihood of success for her in this situation?

The way I see this, there are two things to consider: Your friend has a case for a defamation claim, however, if she doesn't know the names of the people who wrote about her, it may be difficult to achieve any remedy.

She would sue for libel/defamation under the state law wherever she is. The exact requirements vary by state, but generally to show a defamation claim, you have to show: A defamatory statement made about your friend which damages her reputation. Statements about sexual misconduct are an exceptional case -- they are frequently considered 'per se' defamatory, which means that she does not have to show much in the way of damages. Essentially, if she knows who posted the statements, she may be able to sue and win quite easily (depending on what exactly what was said and the laws of the state where she lives). If this is something important to her, she should talk to a real-life before the statute of limitations expires.

Under most state laws, the statements don't have to identify the person by name. Instead, they have to be 'of or concerning' the plaintiff,' which means that the person suing must be reasonably identified by a reader. The fact that they refer to your friend by her stage name probably wouldn't effect her ability to obtain a judgment.

Your friend CANNOT sue the website owner or operator, however. They have immunity against any claims under federal law.
See: http://en.wikipedia.org/wiki/Section_230_of_the_Communications_Decency_Act

This is problematic if your friend does not know who said these things about her. She can sue pseudononymous defendants - she doesn't have to know their name to start a lawsuit. However, finding out who these people could be expensive and time consuming.

If your friend can send a convincing letter to the website asking them to take down the comments, that may be her best bet. Most people don't want to be involved in a lawsuit, even collaterally, so they may be willing to take down whatever she finds objectionable.

If she knows who wrote the statements, she could be able to sue and win. If she doesn't know their name/identity, it may require a more significant commitment of time and resources. However, that doesn't make this situation impossible. If this is important to her, she should definitely speak to an attorney in order to avoid having her claim barred by whatever the relevant statute of limitations is.

VegasPrincess
07-07-2008, 01:30 PM
^^^

I have a question if you're still on! My boss at my bartending job has not paid me or the other employees in ten weeks (long story, he is a "friend" and claimed his wife stole money out of the work bank account and would pay us asap...now it's obvious that isn't going to happen)....If we contact the Labor Department and they send the case of to the DA in his county of residence, what are the odds of us getting the money out of him? I looked him up on our local Circuit Court website and he has literally twelve outstanding small claims judgements against him, so obviously he's not really motivated to make things right....

CuriousSeeker
07-07-2008, 01:50 PM
^That rocked, thank you.


She can sue pseudononymous defendants - she doesn't have to know their name to start a lawsuit. However, finding out who these people could be expensive and time consuming.

If she doesn't know their name/identity, it may require a more significant commitment of time and resources.

Would the owner of the website or the hosting company or ISP be compelled to turn over the ISP and other information to make the poster(s) identifiable?

Out of curiosity, do you have any thoughts on this thread - http://www.stripperweb.com/forum/showthread.php?t=119692? She's an independent contractor; she consented to contact, though not contact with blood; and a bleeding customer isn't - to my thinking - reasonably foreseeable (or is it? lol) for the most part. What would happen if a dancer contracted something in this manner? My thoughts are really about a broader subject: what duties does the SC owe to its independent contractors? There was another thread in which a guy slid a credit card down a dancer's crack when her back was turned, and she needed stitches; however, the SC never called the police or tried to apprehend the guy. Is there more of a duty by the SC than merely to toss the guy out?

Blackstone
07-07-2008, 02:34 PM
^That rocked, thank you.



Would the owner of the website or the hosting company or ISP be compelled to turn over the ISP and other information to make the poster(s) identifiable?


Yes. You can subpoena them. I've been reading about a few cases against what are called 'pseudononymous' defendants. These are people who are on message boards and make libelous or otherwise illegal statements.

Ultimately the real rub is finding the people who made the statements. This can be a bit time consuming because it generally involves two subpoenas: one to the message board operator (which reveals the IP address) and then one to the persons internet provider (which matches the IP address to a real-life person).

Blackstone
07-07-2008, 02:39 PM
^^^

I have a question if you're still on! My boss at my bartending job has not paid me or the other employees in ten weeks (long story, he is a 'friend' and claimed his wife stole money out of the work bank account and would pay us asap...now it's obvious that isn't going to happen)....If we contact the Labor Department and they send the case of to the DA in his county of residence, what are the odds of us getting the money out of him? I looked him up on our local Circuit Court website and he has literally twelve outstanding small claims judgements against him, so obviously he's not really motivated to make things right....

It sounds like this guy is in trouble. You should definitely file a claim, though. Employees are priority creditors in bankruptcy; they receive preference to unsecured creditors. [In bankruptcy, this is HUGE.] You will get whatever drops of blood there are before most anyone else. Obviously, if he has squandered or hidden all the money, there is nothing you can do.

CuriousSeeker
07-07-2008, 02:43 PM
^And thank you again!

VegasPrincess
07-07-2008, 02:44 PM
^^^

Thank you!!

Blackstone
07-07-2008, 02:51 PM
Out of curiosity, do you have any thoughts on this thread - http://www.stripperweb.com/forum/showthread.php?t=119692? She's an independent contractor; she consented to contact, though not contact with blood; and a bleeding customer isn't - to my thinking - reasonably foreseeable (or is it? lol) for the most part. What would happen if a dancer contracted something in this manner? My thoughts are really about a broader subject: what duties does the SC owe to its independent contractors? There was another thread in which a guy slid a credit card down a dancer's crack when her back was turned, and she needed stitches; however, the SC never called the police or tried to apprehend the guy. Is there more of a duty by the SC than merely to toss the guy out?

These are all very interesting questions. My answer is: the hell if I know. It would all probably be a question for a jury.

As for the duty of an employer to an independent contractor (IN TEXAS): 'A property owner or general contractor who retains a right to control an independent contractor's work may be liable to the independent contractor's employees for negligence in the exercise of that control.' Shell Oil Co. v. Khan, 138 S.W.3d 288 (Tex. 2004).

Someone might have a cause of action against their club for negligence, it would really depend on the facts. I'm looking to see if there are any strip club cases on point; I didn't find any on first blush in Texas.

CuriousSeeker
07-08-2008, 12:33 PM
^ Thanks for your thoughts on it.

I was thinking one way of approaching it was based the Fed Ex decision (http://www.stephenbainbridge.com/punditry/comments/fed_ex_drivers_employees_or_independent_contractor s/): argue that the dancer was mislabeled an IC just as the FedEx workers were, so that she should be considered an employee and thus owed a greater duty of care than an IC? Seems there's already a green light (http://www.lvrj.com/news/15101156.html) for interpreting strippers as employees rather than as ICs?

madmaxine
07-08-2008, 01:40 PM
I can't imagine why you would want to find a lawyer - we're an unusually unattractive lot. If you, checkout downtown bars. We don't get far from work. Or ask your clients, I'm sure some of them are lawyers.


Huh huh, the last time I dealt with "free" legal advice on this site, it was mostly useless and one guy became stalkerish. OF COURSE you're giving free advice because you're talking to a group of "pretty women." If you're sincere though.....Good for you and I hope good comes of it.

CKXXX
07-08-2008, 03:55 PM
OK..so if I get a check in the mail from someone I have never heard of and it seems shady what should I do?

The business listed on the envelope doesnt exist.

The address on it is fake

The account actually exists according to the bank it is drawn on.But they cant tell me if the funds are available.

This is by far the weirdest thing that has happened to me in a LONG time..and thats saying something!!

Bunny
07-08-2008, 04:13 PM
Most of my friends in law school were Jews and atheists. The joke was that for Catholics, a male's life starts at conception. For Jews, a male's life starts during his second year (of law school).

I can't imagine why you would want to find a lawyer - we're an unusually unattractive lot. If you, checkout downtown bars. We don't get far from work. Or ask your clients, I'm sure some of them are lawyers.


I've met a lot of attractive lawyers. I never considered them to be an unattractive lot any more so than any other group of professionals.

CuriousSeeker
07-08-2008, 04:26 PM
We don't get far from work.

What do you think of the emergence of "lifestyle firms" that are more in tune with folks leaving at 5 pm and having a life outside of work?

Blackstone
07-08-2008, 05:03 PM
What do you think of the emergence of 'lifestyle firms' that are more in tune with folks leaving at 5 pm and having a life outside of work?

I'm not sure what your interest in the legal market is, but I have lots of thoughts because I'm in the process of whoring myself out to law firms now (trying to get a job for when my stint with the gov't is done). My take on 'lifestyle' firms is that they are a good place for more senior, family focused attorneys if they live up to their lifestyle hype, but I am not sure they do.

Generally, the top firms get the best work, and the salaries at big firms are pretty fantastic. Right now, big firms in Texas pay a right around $160k/year to first year attorneys. Lots of people go into these firms straight from law school with plans on leaving after a couple years with some money in the bank and great experience. The quality of the experience is questionable, but, the money isn't.

The smaller firms vary widely in hours and pay, but, I'm not aware of anyone paying more than $90k to an entry-level attorney in Texas that is truly a lifestyle-oriented firm. The lifestyle schtick hasn't caught on here quite as much as in California, for example, so my experiences are certainly different from others around the country. The bottom line for young attorneys is that since most people are carrying law school debt several years after graduation, it seems that the 'lifestyle' firms aren't going to be able to attract people who are in debt and want out. These firms cater more to people who have paid down their debt (I haven't) and have families (I don't).

On top of this, I am very skeptical of most of the firms that hold themselves out as a lifestyle firm. Law firms lie to incoming attorneys to a disgusting degree. Since lifestyle firms have become semi-fashionable, just about everyone has begun touting themselves as family friendly. Much of this is just smoke and mirrors. Top lawyers bill by the hour, and they have to put in the time to make good money.

Does this answer your question, or were you looking for something different?

CuriousSeeker
07-08-2008, 05:24 PM
^That totally answers my question. Should I thank you by the billable post? ;)

glambman
07-08-2008, 07:23 PM
Originally Posted by Samba http://www.stripperweb.com/forum/images/themes/rising/buttons/viewpost.gif (http://www.stripperweb.com/forum/showthread.php?p=1580075#post1580075)
Is it worth my effort to go amend a police report now that I know who stole my identity? It's three years after the fact, and very little chance of being able to prosecute, b/c he is off the grid now...

I paid off some of the fraudulent charges, and there is one account I didn't pay off at all (maybe 2-3K)




Sure, if you don't mind spending the time. It may be helpful in repairing your credit history in the future. Also, most states have a lengthier statute of limitations for fraud-based crimes than other crimes, so, if he ever gets picked up for identity theft in the future, there is still a chance it can be prosecuted. If he has any money, you still might recover some. It's a long-shot, though.


I'm not a lawyer, but I have been a victim of identity theft (as well as friends), and my lawyer (theirs also) and local LE, state LE, and federal LE have all told us the same thing, you are not responsible for fraudulent charges....PERIOD!!!!!

My understanding is, SOL prevent a charge of a crime after a certain time period, but if you have the evidence and the PA is willing, you can file charges within the time limitations and even if he is picked up after the SOL, he can still be prosecuted (as charges were filled).

One of the things that has been going on over the last decade, is prosecutors are filing charges on DNA evidence. Basically it iis a John Doe warrant against the identifying evidence. When they get a match, they now have the person to prosecute. (to the chagrin of certain civil liberties groups).

glambman
07-08-2008, 07:33 PM
OK..so if I get a check in the mail from someone I have never heard of and it seems shady what should I do?

The business listed on the envelope doesnt exist.

The address on it is fake

The account actually exists according to the bank it is drawn on.But they cant tell me if the funds are available.

This is by far the weirdest thing that has happened to me in a LONG time..and thats saying something!!


Just out of the blue you received the check?

Who did you call to see if the account had available funds? Was it the number listed on 'the check'?

Do not deposit it.

These are the 'Nigerian' scams. You call the number they provided on the check, and they answer and give you acknowledgment that it is a real check/ bank. They are doing the same thing with 'escrow' accounts to 'protect' you from 'scams' when buying large ticket items online that they are trying to scam you with.

My neighbor owned a hardware store, and one client wrote a check for several thousands that bounced. He went to the bank every week for several years until they told him the account had sufficient funds to cash the check.

All the indicators say it ain't so.

CKXXX
07-08-2008, 08:30 PM
^^Its not a Nigerian. The bank verified the account is real. As I said before. I called the bank main number...not one on the check.

This is just someone ripping off an unsuspecting elderly cpl for shits and giggles..I've already spoken to them and posted about it in another thread.

AlexxaHex
07-08-2008, 09:51 PM
What??^^
That's so weird.

Anyway I have a question.
If my boyfriend and myself die in say a car crash or something, what will most likely happen to our daughter? I would want her to stay here with my aunt and her partner but it's probable that she would go live with my mom or dad and I don't want that to happen for various reasons. Is there some kind of will or something I can have legally drawn up to ensure that she would go to the appropriate godparents?

CuriousSeeker
07-08-2008, 10:15 PM
Is there some kind of will or something I can have legally drawn up to ensure that she would go to the appropriate godparents?


Your will could have a provision like this, tailored to your needs: "GUARDIAN: In the event I shall die as the sole parent of minor children, then I appoint ____________________________________ as Guardian of said minor children. If this named Guardian is unable or unwilling to serve, then I appoint ____________________________________ as alternate Guardian." Those appointed would need to know that you have appointed them. Then your will might have other provisions to provide for your daughter under that Guardian's care.

There are legal forms that you can buy on the 'net or at a bookstore and prepare yourself, or you can visit a lawyer. Just for giggles, here's a list of free will forms for different states and living situations: http://www.ilrg.com/forms/lastwill.html. Whether such generic freebies will withstand a challenge is a question for a lawyer licensed in your state, since they may not meet certain formalities required by law in a given state.

AlexxaHex
07-09-2008, 05:47 AM
Thank you!

Blackstone
07-09-2008, 07:30 AM
What??^^
That's so weird.

Anyway I have a question.
If my boyfriend and myself die in say a car crash or something, what will most likely happen to our daughter? I would want her to stay here with my aunt and her partner but it's probable that she would go live with my mom or dad and I don't want that to happen for various reasons. Is there some kind of will or something I can have legally drawn up to ensure that she would go to the appropriate godparents?

People generally dispose of this sort of thing in a will. I'm not sure what the pre-written wills look like at the bookstore; they may be good or they may not. The first thing that comes to mind is that whatever you do decide to do has to be signed by yourself, with 2 witnesses (and sometimes notary).

AlexxaHex
07-09-2008, 10:54 AM
So I don't really need a lawyer? I can just go to the bank and have them notarize such a thing? Can I write it myself?

Blackstone
07-09-2008, 02:10 PM
So I don't really need a lawyer? I can just go to the bank and have them notarize such a thing? Can I write it myself?

It's always best to get a lawyer. But, if you want to do it on the cheap, there are books out there which have pre-written wills; you just fill in the blanks and follow the instructions. I have no experience with them, but, I suspect that if you aren't doing anything complicated, they may answer your questions.

For example, a google search found this: http://search.barnesandnoble.com/Nolos-Simple-Will-Book/Denis-Clifford/e/9781413307139/?itm=8

In Texas, all of this isn't too hard. You set up a will appointing a guardian after the last remaining parent's death. This person must get the kids unless (s)he refuses, is dead, is legally disqualified, or the court finds the best interests of the children would be served otherwise. Texas Probate Code Section 676. The guardian then has to post some sort of cash bond promising that they won't fuck up. TPC Sec. 702.

The will must be signed and witnessed by two disinterested people. In addition, it makes everything much easier if there is a 'self-proving affidavit.' This is a separate notarized statement that says:
Everyone involved is over 18
The testator (you) declared that the document is their will
The will was signed in the presence of the witness (and the notary)
Everyone involved is of sound mind

The self-proving affidavit isn't necessary, but, it makes it much more difficult to challenge the will based on any technicalities. If you get a will made up by an attorney, this would almost certainly be part of the process. I would imagine any wills book would have pre-written affidavits as well. If you don't want this to be your only will, it is possible to have separate documents, with one labeled 'will' and the other set up to dispose of your kids. These kind of details are beyond me; I'm not an estate planner.

I'm only familiar with Texas law on this subject. If you have any specific questions about wherever you live, I'm not really the guy to ask.

Melonie
07-09-2008, 02:26 PM
New York law is basically the same. If you want to do it yourself, you can write up your own will and affidavit based on any of the many 'sample' documents available online or at book sellers. You then take your newly written will down to your local notary public, sign the will, get the notary to stamp the signed documents, and you then have a legally binding will.

However, it is important to let someone know that this will exists ... as well as where to find it if needed. In your specific case this would mean putting your notarized will in a fireproof box in your closet and letting your aunt know where to find it ! Be careful of using bank safety deposit boxes, post office boxes etc. because, should you die unexpectedly, it may be difficult or impossible for a third party to gain timely access.

AlexxaHex
07-09-2008, 09:36 PM
Aha! All wonderful points. Thanks to you both.

Lysondra
07-10-2008, 01:10 AM
I have a Will Maker CD if you want it, Alexxa.

AlexxaHex
07-10-2008, 10:50 AM
I have a Will Maker CD if you want it, Alexxa.

:O O RLY? That'd be cool.

Did you ever send that Lush stuff? We never got it. :(

Lysondra
07-10-2008, 01:48 PM
:O O RLY? That'd be cool.

Did you ever send that Lush stuff? We never got it. :(

Yeah my mum gave it to me so it's American and everything.

No. It's in my car. It's been in my car since the day I bought them. :( I went to send them like 683027 times and each time I forgot to bring your address with me. I even wrote it down like 683026 time and forgot it at home each time (the first time I brought my address book and didn't realize you weren't in it!). YARGH. And then I got super busy and.. I haven't even been to the bank in a month! Butbut I no busy anymore. I have address and can send this afternoon. :/ Sorry about that. I just suck.

AlexxaHex
07-11-2008, 02:09 PM
Yeah my mum gave it to me so it's American and everything.

No. It's in my car. It's been in my car since the day I bought them. :( I went to send them like 683027 times and each time I forgot to bring your address with me. I even wrote it down like 683026 time and forgot it at home each time (the first time I brought my address book and didn't realize you weren't in it!). YARGH. And then I got super busy and.. I haven't even been to the bank in a month! Butbut I no busy anymore. I have address and can send this afternoon. :/ Sorry about that. I just suck.

Hey it's cool of you to offer at all in the first place. I'm not upset....more glad that you didn't send it because then it would be lost in the mail! I'm a big time procrastinator with the mail too. RoseWhite's baby is probably in college already and I didn't send her baby gift yet.