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Old 09-10-2019, 06:47 PM  
chinaski chinaski is offline
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Antonio Brown accused of RAPE - Federal Lawsuit Filed
Per TMZ
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Old 09-11-2019, 01:16 PM   #856
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Old 09-11-2019, 01:18 PM   #857
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Same thing on Chrome. Only started happening today.
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Old 09-11-2019, 01:19 PM   #858
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link?
When he shot his potential kids all over her back it was child endangerment.
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Old 09-11-2019, 01:20 PM   #859
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FYI, Mr. Internet Attorney ...

75k is the minimum you must demand in order for a case to be filed in Federal court. That is not the final demand and usually isn't.

An example is the case of the Nigerians vs. Jessie Smollett et al. in which they wanted to file in Federal court (due to the interstate aspect of the case ... which is the same situation here). They filed for 75k (the minimum). Once filed, the damages can be requested in court and awarded by the jury (or not ... as the case may be).


The 75k is meaningless in real terms.

FAX


yep corrected myself in a few other post my bad.
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Old 09-11-2019, 01:34 PM   #860
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yep corrected myself in a few other post my bad.
Had I taken the time to actually read through the entire thread, I would have left this alone, Mr. arrwheader. I even thought about deleting my post after reading further through the thread, but I didn't see any major grammatical errors, so I just ... couldn't ... do ... it.

Anyway, it's a confusing rule the Feds have. I suppose they do it in order to allow cases to proceed while reducing the number of frivolous lawsuits for a buck here and a ten-spot there. One would think the baseline would be higher, but attorneys make those rules and you know what attorneys are like. Any case is better than no case to those guys.

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Old 09-11-2019, 01:41 PM   #861
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Had I taken the time to actually read through the entire thread, I would have left this alone, Mr. arrwheader. I even thought about deleting my post after reading further through the thread, but I didn't see any major grammatical errors, so I just ... couldn't ... do ... it.

Anyway, it's a confusing rule the Feds have. I suppose they do it in order to allow cases to proceed while reducing the number of frivolous lawsuits for a buck here and a ten-spot there. One would think the baseline would be higher, but attorneys make those rules and you know what attorneys are like. Any case is better than no case to those guys.

FAX

So it has to do with our federal/state system. You can only get into federal court if you qualify. One way to qualify is if the parties are from different states (diversity jurisdiction). To qualify under those circumstances, they want to be certain the amount at issue is reasonably significant. The $75,000 isn't a magic number, just one that is set by statute. I have no doubt it has changed over the years.

If you can't check all the necessary boxes, then you must file in state court instead of federal.
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Old 09-11-2019, 01:47 PM   #862
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Parody is well and truly dead...
Ah shit...
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Old 09-11-2019, 01:51 PM   #863
Baby Lee Baby Lee is offline
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Had I taken the time to actually read through the entire thread, I would have left this alone, Mr. arrwheader. I even thought about deleting my post after reading further through the thread, but I didn't see any major grammatical errors, so I just ... couldn't ... do ... it.

Anyway, it's a confusing rule the Feds have. I suppose they do it in order to allow cases to proceed while reducing the number of frivolous lawsuits for a buck here and a ten-spot there. One would think the baseline would be higher, but attorneys make those rules and you know what attorneys are like. Any case is better than no case to those guys.

FAX
FTR, so you don't get conspiracyminded, the federal jurisdictional requirements are set by statute. This isn't a gentleman's agreement, or an informal rule ginned up by the judges, or the bar. It's United States Code, ie, voted on by Congress.

Wouldn't be surprised if the $75K number isn't revisited and revised sometime relatively soon, as it's not nearly the money it was when enacted.

But yeah, the purpose is to keep small local matters out of federal court.
The entirety of the jursidictional requirement isn't just the dollar amount though. You also have to involve entities of different states [if they're both from the same state, it's entirely state business], and the matter has to be filed in a federal court that has a connection to the issue at hand [ie, can't file a federal suit in a federal court in California for a car accident that happened in Maine, etc.].

So like, take Tracy Morgan's accident. NY resident, extensively injured in NJ by a GA truck driver working for an INTL corp HQed in AR. Claim filed in US Dist Ct, Dist of NJ.
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Old 09-11-2019, 01:57 PM   #864
ptlyon ptlyon is offline
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Old 09-11-2019, 02:05 PM   #865
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FTR, so you don't get conspiracyminded, the federal jurisdictional requirements are set by statute. This isn't a gentleman's agreement, or an informal rule ginned up by the judges, or the bar. It's United States Code, ie, voted on by Congress.

Wouldn't be surprised if the $75K number isn't revisited and revised sometime relatively soon, as it's not nearly the money it was when enacted.

But yeah, the purpose is to keep small local matters out of federal court.
The entirety of the jursidictional requirement isn't just the dollar amount though. You also have to involve entities of different states [if they're both from the same state, it's entirely state business], and the matter has to be filed in a federal court that has a connection to the issue at hand [ie, can't file a federal suit in a federal court in California for a car accident that happened in Maine, etc.].

So like, take Tracy Morgan's accident. NY resident, extensively injured in NJ by a GA truck driver working for an INTL corp HQed in AR. Claim filed in US Dist Ct, Dist of NJ.
This guy paid attention in 1L civ pro.
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Old 09-11-2019, 02:14 PM   #866
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Old 09-11-2019, 02:17 PM   #867
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Old 09-11-2019, 02:23 PM   #868
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FTR, so you don't get conspiracyminded, the federal jurisdictional requirements are set by statute. This isn't a gentleman's agreement, or an informal rule ginned up by the judges, or the bar. It's United States Code, ie, voted on by Congress.

Wouldn't be surprised if the $75K number isn't revisited and revised sometime relatively soon, as it's not nearly the money it was when enacted.

But yeah, the purpose is to keep small local matters out of federal court.
The entirety of the jursidictional requirement isn't just the dollar amount though. You also have to involve entities of different states [if they're both from the same state, it's entirely state business], and the matter has to be filed in a federal court that has a connection to the issue at hand [ie, can't file a federal suit in a federal court in California for a car accident that happened in Maine, etc.].

So like, take Tracy Morgan's accident. NY resident, extensively injured in NJ by a GA truck driver working for an INTL corp HQed in AR. Claim filed in US Dist Ct, Dist of NJ.
I was born conspiracy-minded and in the name of Chandra Dangi's Stepladder, I shall remain so, Mr. Baby Lee.

Besides, if I'm not mistaken, over 90% of Congress is comprised of attorneys. Therefore, lawyers do, in fact, set that 75k standard.

In the spirit of Amicus Curiae, put that in your jury box.

FAX
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Old 09-11-2019, 02:29 PM   #869
Baby Lee Baby Lee is offline
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I was born conspiracy-minded and in the name of Chandra Dangi's Stepladder, I shall remain so, Mr. Baby Lee.

Besides, if I'm not mistaken, over 90% of Congress is comprised of attorneys. Therefore, lawyers do, in fact, set that 75k standard.

In the spirit of Amicus Curiae, put that in your jury box.

FAX
I meant the royal you, not you specifically, Mr. Fax the Quick to Offense.

But I mean yeah, if the more I point out how checks and balances and separation of powers and consensus and all that factors into a decision, the bigger one makes the conspiracy, we're just stuck in an endless loop.
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Old 09-11-2019, 02:38 PM   #870
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I meant the royal you, not you specifically, Mr. Fax the Quick to Offense.

But I mean yeah, if the more I point out how checks and balances and separation of powers and consensus and all that factors into a decision, the bigger one makes the conspiracy, we're just stuck in an endless loop.
LOL ... I'm not taking offense. Not at all. No emotion. Just hard, cold facts, baby.

Because, as we all know, the legal world relies upon accuracy and specificity.

I said lawyers make the rule. You said it was Congress. I'm simply referring to the fact that Congress is ... well ... lawyers.

I rest my case ... while leaning back to smoke an Avo Double R.

FAX
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