Search results

  1. W

    Copyright Being sued for copyright and not sure what to do

    No, that was your assertion by adding the word simply demanding settlement didn't amount to extortion. I said that the facts of the offer matters. Here is my original question: Any good or bad CA attorney knows that once a lawsuit is filed it becomes a matter of public record. So if you...
  2. W

    Copyright Being sued for copyright and not sure what to do

    You lost that bet. Flatley v. Mauro, 139 P. 3d 2 - Cal: Supreme Court 2006 - Google Scholar
  3. W

    Copyright Being sued for copyright and not sure what to do

    Well there is plenty of case law that says otherwise in many states. Attorneys have been held to civil extortion by asking for settlement before the case is heard. In some states the attorneys claim the letter (or speech) is protected by litigation privilege but more often than not the...
  4. W

    Need advice on an auto theft claim when adjuster is suggesting fraud

    One question at this point. How did the thief get into the car? Did they break a window, use a jimmy bar, or was the car unlocked? Do you know if the video shows how they gained entry?
  5. W

    Copyright Being sued for copyright and not sure what to do

    At no time did I ever say that an offer to settle was an admission that was admissible in court. Did I? I was speaking about between plaintiff and defendant that would bolster plaintiff's position in negotiations. And I also said that an offer before an answer to the complaint is premature...
  6. W

    Copyright Being sued for copyright and not sure what to do

    I think you had best go back and read the rule again.
  7. W

    Granting Septic Easement for Newly Divided Property

    You can do that. It is called an easement in gross as opposed to in easement appetent. An easement appetent runs with the land not the owner of the land and is usually in perpetuity. An easement in gross runs with the owner of the property and terminates when the grantee no longer owns the...
  8. W

    Copyright NFT of my Baseball Cards

    It doesn't matter if you give the original and the duplicate to the same person or not. Where there was only one now there are two. That decreases the value of the one by 50%.
  9. W

    Copyright NFT of my Baseball Cards

    OP owns a set of cards. He/she doesn't own the copyright. Topps is the owner of the copyright. Without the consent of Topps OP can't make copies in any format.
  10. W

    Copyright Being sued for copyright and not sure what to do

    The court decides what damages are awarded not the plaintiffs attorney. Just more pontification. Nothing to back it up.
  11. W

    Rudy Giuliani’s NY State Law License Suspended Over ‘Demonstrably False’ Statements

    It is a manifestation of weaponizing the civil and criminal legal systems. If they (and it doesn't matter who they are) disagree with you they go after your ability to earn a living by suspending or revoking you business license. It doesn't matter if you are a barber or a lawyer.
  12. W

    Copyright Being sued for copyright and not sure what to do

    Doesn't doing so violate the code of ethics that attorneys have to follow? Isn't doing so a form of extortion to coerce a defendant into settling the case or just paying the demand?
  13. W

    Copyright Being sued for copyright and not sure what to do

    I know more about civil litigation than you can imagine. But what you are speaking here is negotiations to avoid a lawsuit and not filing one and demanding money. So you didn't answer the question. Once again, do you send a demand for settlement along with the complaint? I have recommended...
  14. W

    Copyright Being sued for copyright and not sure what to do

    Guilt as in admission to the allegation when an answer has not yet been filed. Do you run your law firm that way, you ask for money when the complaint is served? OP said they wanted $150K so you think $2K is a good starting point?
  15. W

    Copyright Being sued for copyright and not sure what to do

    This is really bad advice because any law firm that would file 123 infringement claims in a single pleading would see the case through the court. I have to question if the lawsuit was filed with the court if they are asking for a settlement figure before defendant has answered. This law firm...
  16. W

    Copyright Being sued for copyright and not sure what to do

    Copyright law is complicated and it appears to me that you are the subject of what has become to be know as copyright trolls. That is/are companies that allege copyright infringement and ask for payment to settle instead of filing or pursuing a lawsuit. You have to answer the complaint and...
  17. W

    Is RTO pledge legal

    OP, you are making much more of this form than you need to. It is to cover the employer's ass should you bring COVID into the office. If that doesn't happen you will probably never hear of it again. And if you never go into the office you don't have anything to worry about. Sign it and...
  18. W

    mechanic from hell

    Not exactly. The lien still has to be perfected and then foreclosed upon before title can be changed and the bus sold. The mechanic also needs a surety bond in the amount of $20,000 to place the lien. You should read the OR statute. ORS 87.152 - Possessory lien for labor or material...
  19. W

    Help me to deal with this dealership please!!!!

    You probably see many cars that are wrapped every day you drive but just don't know it. Owners wrap their cars because it doesn't damage the paint, it can be easily removed and replaced if they want to change the look of the car. car wraps at DuckDuckGo
Back
Top