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Calishitlaw duder I have a new tort idea for you
Poast new message in this thread
Date: May 23rd, 2018 7:41 PM Author: Swashbuckling newt philosopher-king Find some addicts -- sue the large medical marijuana growers and sellers for getting them hooked. Some of these operations are worth tens of millions. The shit is illegal under federal law so you have negligence per se. I'm amazed they haven't been sued out of existence already. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36114788) |
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Date: May 23rd, 2018 7:47 PM Author: shimmering boyish round eye I've never researched negligence per se in the context of a state-federal fight, but my sense is that the greater specificity and more recent nature of pro-weed statutes establishes that the distribution is not contrary to the public policy of the state.
(I don't know what statutory or constitutional protections the various pro-weed states have on the matter, so I ignored them.) |
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Date: May 23rd, 2018 7:49 PM Author: Swashbuckling newt philosopher-king The case law will tell you shit here I'm betting. That's why you can probably get 100 settlements before a trial decision of any kind is obtained. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36114841) |
Date: May 23rd, 2018 7:42 PM Author: puce nowag (compliance guy) (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36114793) |
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Date: May 23rd, 2018 7:43 PM Author: Swashbuckling newt philosopher-king I did my stint as a litigator, bro. I just saw an ex NBA nigger on HBO say he has $5 million in a weed business. Sue the shit out of him. These faggots have deep pockets and violate federal law. Sue. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36114801) |
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Date: May 23rd, 2018 7:45 PM Author: puce nowag You must have got shitcanned as a litigator if you think this is a good case. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36114810) |
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Date: May 23rd, 2018 7:46 PM Author: Swashbuckling newt philosopher-king It doesn't have to be a good case. It has to be an expensive case to defend. It's also a ridiculously 180 way to get a fuckton of free press and thus real clients. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36114817) |
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Date: May 23rd, 2018 7:50 PM Author: arrogant home pozpig Do you mean marijuana addicts? What are their damages? Do you sue the prescribing doctors too? (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36114850) |
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Date: May 23rd, 2018 7:53 PM Author: Swashbuckling newt philosopher-king Marijuana addicts and hard drug addicts who claim marijuana was their gateway drug. Damages are obvious in both cases. At a minimum you need continued monitoring for future health problems like the increased risk of a schizophrenic incident. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36114868) |
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Date: May 23rd, 2018 7:53 PM Author: puce nowag Spoken like a true idiot.
CSLG has better things to do than chase $20,000 nuisance settlements for cases that might get tossed on a motion to dismiss or MSJ. |
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Date: May 23rd, 2018 7:54 PM Author: Swashbuckling newt philosopher-king Wrong. 20k settlements are the backbone of every shitlaw practice. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36114871) |
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Date: May 23rd, 2018 8:02 PM Author: puce nowag You would advance $10,000 in expert fees for a 50 percent chance to get 40 percent of a $20,000 settlement? (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36114931) |
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Date: May 23rd, 2018 8:29 PM Author: Swashbuckling newt philosopher-king Negligence per se so you might not even require an expert before the damages phase. I'd have to research whether u could sue under negligence per se here to be honest. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36115051) |
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Date: May 23rd, 2018 8:31 PM Author: puce nowag You would need an expert on proximate cause in every state. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36115058) |
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Date: May 23rd, 2018 8:37 PM Author: Swashbuckling newt philosopher-king Yeah, that's the damages phase at which point you've already won. Starting at the 10 yard line is 180 in terms of getting a fat settlement offer. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36115091) |
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Date: May 23rd, 2018 9:56 PM Author: puce nowag Date: May 23rd, 2018 8:37 PM Author: ARE Reptile
Yeah, that's the damages phase at which point you've already won. Starting at the 10 yard line is 180 in terms of getting a fat settlement offer. |
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Date: May 23rd, 2018 8:03 PM Author: razzle national security agency quadroon CSLG sends his 20k cases to Kenny and I because they aren't worth his time. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36114940) |
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Date: May 23rd, 2018 8:05 PM Author: Swashbuckling newt philosopher-king So you do it, bro. Just round up some addicts. They abound in CA. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36114948) |
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Date: May 23rd, 2018 8:06 PM Author: tripping aphrodisiac stock car station You're the guy who saw a drunk driver on his torts exam and spent 20 minutes trying to sue MillerCoors, aren't you? (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36114953) |
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Date: May 23rd, 2018 8:08 PM Author: Swashbuckling newt philosopher-king Nah, I'm a guy who did litigation at a bank and remember people suing us when their spouse drained their joint checking account. Most lawsuits have insane and absurd fact patterns. This is not an insane or absurd theory of the case at all. Shit 10x nuttier settles for 6 figures on the regular. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36114962) |
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Date: May 23rd, 2018 8:13 PM Author: puce nowag 1. Most lawsuits aren't that stupid.
2. Did the plaintiff's attorneys get rich off these cases that got tossed on motions to dismiss? |
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Date: May 23rd, 2018 8:16 PM Author: Swashbuckling newt philosopher-king Zero of these cases got tossed on MTDs because whether the bank received sufficient notice is always a question of fact. The majority settle for nuisance value. Shit like this is what keeps the shitlaw lights on. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36115006) |
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Date: May 23rd, 2018 8:19 PM Author: puce nowag Sufficient notice for what? Now you are just making stuff up.
Shitty cases lose money for firms. They don't make money. |
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Date: May 23rd, 2018 8:25 PM Author: Swashbuckling newt philosopher-king Sufficient notice of a pendente lite order alone. Faggot pro-ses are getting divorced but the account is still joint. The dumb bitch forwards the bank a pendente lite order which she thinks alerts her bank not to let the husband drain the account. This shit gets banks sued 10,000x a year. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36115042) |
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Date: May 23rd, 2018 8:10 PM Author: Swashbuckling newt philosopher-king I would totally do this were I not making $275k in house at a bank. This is 180 litigation just waiting to happen. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36114974) |
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Date: May 23rd, 2018 8:11 PM Author: puce nowag Lol at you trying to justify your retarded ideas. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36114978) |
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Date: May 23rd, 2018 8:13 PM Author: Swashbuckling newt philosopher-king It's not retarded at all. Its just a polarizing issue and most lawyers don't want half the country hating them. But if you only want money this shit is money. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36114989) |
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Date: May 23rd, 2018 8:14 PM Author: puce nowag There isn't any money in your idiotic idea. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36114996) |
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Date: May 23rd, 2018 8:18 PM Author: Swashbuckling newt philosopher-king Caselaw plz. These marijuana businesses now have millions in assets. It's no longer tiny as fuck mom and pops. Some of the cigarette cos are now in the pot business too. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36115011) |
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Date: May 23rd, 2018 10:03 PM Author: razzmatazz elite twinkling uncleanness (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36115576) |
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Date: May 23rd, 2018 10:07 PM Author: Swashbuckling newt philosopher-king Gateway drug, bro. Tons of research. Legions of conservative religious type experts willing to testify for free. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36115593) |
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Date: May 23rd, 2018 10:09 PM Author: razzmatazz elite twinkling uncleanness (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36115610) |
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Date: May 23rd, 2018 10:12 PM Author: Swashbuckling newt philosopher-king Please, you can totally find one who would make a good witness. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36115633) |
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Date: May 23rd, 2018 10:25 PM Author: razzmatazz elite twinkling uncleanness (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36115699) |
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Date: May 23rd, 2018 8:20 PM Author: cerebral gaping Are there any REAL lawyers on xo right now who can explain how this would go down? (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36115018) |
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Date: May 23rd, 2018 9:56 PM Author: Slap-happy lodge no (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36115513) |
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Date: May 23rd, 2018 10:11 PM Author: cerebral gaping (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36115625) |
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Date: May 24th, 2018 11:02 AM Author: Grizzly Stage (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36118335) |
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Date: May 23rd, 2018 9:57 PM Author: shimmering boyish round eye Dismissed on the question of duty, particularly in states where duty is a determined independent of case-specific facts or considerations of foreseeability. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36115525) |
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Date: May 23rd, 2018 10:07 PM Author: Swashbuckling newt philosopher-king Duty not to sell illegal poisons, bro. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36115597) |
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Date: May 23rd, 2018 10:08 PM Author: puce nowag It wouldn't get duty pwned in my state actually. It would be dead for 100 other reasons though. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36115598) |
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Date: May 23rd, 2018 10:14 PM Author: Swashbuckling newt philosopher-king Name 3. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36115641) |
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Date: May 23rd, 2018 10:33 PM Author: puce nowag No negligence by the defendant
Contributory negligence
Proximate cause
Assumption of the risk |
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Date: May 23rd, 2018 10:35 PM Author: Swashbuckling newt philosopher-king Bahhhh, nothing you can't get to trial on. Let the jury decide, bro. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36115747) |
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Date: May 23rd, 2018 10:37 PM Author: razzmatazz elite twinkling uncleanness (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36115770) |
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Date: May 23rd, 2018 10:38 PM Author: puce nowag You can get a case tossed when the defendant didn't do anything negligent. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36115773) |
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Date: May 24th, 2018 8:09 AM Author: Swashbuckling newt philosopher-king Negligence per se, bro. Case law saying otherwise? (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36117412) |
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Date: May 24th, 2018 8:19 AM Author: puce nowag No state with legal weed would say a violation of federal law which is clearly ok under state law is negligence per session. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36117437) |
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Date: May 24th, 2018 11:02 AM Author: Swashbuckling newt philosopher-king Premption and federal courts? (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36118338) |
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Date: May 23rd, 2018 10:37 PM Author: razzmatazz elite twinkling uncleanness (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36115762) |
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Date: May 23rd, 2018 10:57 PM Author: Swashbuckling newt philosopher-king Federal law says it's poison. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36115891) |
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Date: May 23rd, 2018 10:18 PM Author: spruce national hilarious thread (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36115659) |
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Date: May 23rd, 2018 10:19 PM Author: Swashbuckling newt philosopher-king I try, bro. I try. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36115661) |
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Date: May 24th, 2018 8:06 AM Author: Swashbuckling newt philosopher-king Very TTT argumentatation in this thread, bros. New board low IMHO. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36117400) |
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Date: May 24th, 2018 8:23 AM Author: Ultramarine location Ladies and gentlemen, the results of a Tulane Law "education." (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36117450) |
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Date: May 24th, 2018 11:00 AM Author: Swashbuckling newt philosopher-king There are a fuckton of cases like this already before the courts. One just returned a verdict against a grower after a smoker went into a marijuana fueled psychosis and killed 2 people.
Thanks for playing. |
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Date: May 24th, 2018 11:07 AM Author: smoky point wouldn't this be more of the doctor's fault for writing the prescription? (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36118389) |
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Date: May 24th, 2018 11:12 AM Author: Swashbuckling newt philosopher-king In NY at least the doctors dont write prescriptions. They write recommendations. These basically say marijuana is a poison but for this person it might be okay because hes so fucked up it doesnt matter. Thats how doctors cover their asses but the docs are open to potential claims too. Any insurer will be loathe to take it to trial fearing negative precedent. With the right facts ita an easy settlementm (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36118449) |
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Date: May 24th, 2018 11:18 AM Author: Arousing Lavender Office Idiot I think that's a pretty different circumstance. It was probably some crazy strain that wasn't supposed to get out on the market and was mislabeled. I don't think your idea is the worst in the world. But it's important to remember that just because a product might suck for your health (ex. soda) doesn't mean you can turn your client's injuries into a successful judgment. People listed all of the reasons above (lack of a duty, causation issues, assumption of risk).
Best case scenario is that big marijuana is where big tobacco was in the 60's-80's (mislabeling products and ingredients, failing to warn of known side effects that user is not necessarily aware of etc.) I think the way states have legalized it makes it a lot harder to go after the mj companies. States require all kinds of disclosures in the dispensary of the harmful effects of the drug and they are very strict about regulating the product and the ingredients itself. So basically, it's like cigarettes are now, and big tobacco isn't a big source of tort litigation anymore. |
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Date: May 24th, 2018 11:22 AM Author: Swashbuckling newt philosopher-king Like tobacco its money on the table for plaintiffs firms now that the growerers arent mom and pops but instead have deep pockets. Naturally facts matter and most cases will be shit but there is a whole career to be made just suing growers. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36118513) |
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Date: May 24th, 2018 11:26 AM Author: Swashbuckling newt philosopher-king You have a premption argument to make that the state laws dont matter. You also have wide scale abuse in prescribing. Most med marijuana users arent sick with anything and everyone knows it. Its way easier an argument than with cigarettes. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36118549) |
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Date: May 24th, 2018 11:02 AM Author: Grizzly Stage OP went full ARE Reptile. Never go full ARE Reptile. (http://www.autoadmit.com/thread.php?thread_id=3984898&forum_id=2#36118346) |