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Show Notes February 14 2004
- Interesting lawsuits
- Online Hacker Magazine 2600 has a website F*GeneralMotors?Create.com. It's registered to take potshots at the company. The website goes to Ford Motor Company. Ford Motor Company is suing. They are thinking that people will think that the website was made by Ford. Instead of asking the website to stop, they've decided to go straight to filing websuits. The judge dismissed the suit for a failure to state a claim. They've given up. The website was very gracious, and says Ford has conceded complete and utter loss. Bill thinks this suit is crazy.
- Case out of Oklahoma: How much do you think you can get in prison for spitting on a police officer? How about life in prison? The jury recommended maximum sentence that makes it a felony to place bodily fluids on a police officer. Defense wanted a 4 year term, and prosecution wanted 25. He was convicted of spitting on officer Charles Gad following an incident where a woman's arm was broken. The criminal, Mark, then bit the officer when the officer tried to stop the criminal from spitting. He got 1 year in jail for the domestic violence, $500 fine for resisting arrest, and life in prison for spitting on the officer.
- Iraqi refugee suing Iraq for the murder of his dad. His dad was a prominent opposition leader, and was whisked away in 1991. He can sue for proceeds from frozen Iraqi assets.
- Alabama lawsuit to force judge to remove from the courthouse a washing machine sized monument to the ten commandments.
- In Germany it is not an offense to have sex while driving 60 miles per hour down the highway. A man having sex with a blonde hitchhiker, she is sitting on his lap, and he runs into a roadside sign. He flees the scene of the accident, convicted of hit and run, and sentences to a fine of 600 euros. According to spokesman, "No law was broken from the intercourse while driving." Also had to pay $400 for the repair of the sign, and he didn't know the name of the woman who left her clothes in the car.
Caller, Arielia, born in Brooklyn New York
- Bill comments that she sounds Oriental, but but she says that she is black.
- She has a situation where she was punched in the face by an oversized black woman. Her man lied that Arielia had sex with him. She says the man has a single tooth that is black and brown.
- She was harassed, punched, and the police took over half an hour to arrive. Then the woman's sister came, and they both told the police that Arelia caused the problems. Fortunately, four kids saw this, and told the police the truth. The police didn't want to talk to the kids.
- Bill says there is nothing that can be done. Just stay away from the woman. Arielia filled out a police report, and filed for a restaining order, and there is nothing more that can be done.
Caller with son with a debt problem
- Son had account that was charged off in 1992, and he got a letter from Capital One that they bought the debt. Does he owe this money?
- No he doesn't. The statute of limitations has run. Bad debt is sold over and over. It is sold, probably for just pennies on the dollar, statute of limitations has run.
- The other thing he can not do is acknowledge the debt. If he sends any money, he reaffirms the debt, does anything that says he owes the money, then the statute of limitations starts over.
Caller Rayburn
- Rayburn was in the military, and had a lumbar puncture by a military doctor, and the needle was bent in his back, and he was discharged after the headaches and backaches. He got uncategorized discharge, and has no medical care now.
- Bill says he needs to contact the veterans associations, a whole lot of them out there. Get some help to establish a disability package about the medical care. No one else will fight the military.
Caller
- The caller's dad was hurt by a piece of baggage that fell off a baggage cart at a casino. The baggage cart was piled to high. The caller's father is now suffering from muscle spasms, and requiring ongoing treatment. The baggage handler admitted to making a mistake. They wheeled the caller's father to a medical center up the street, and then later sent him to the hospital for x-rays. Caller has a business card from the risk manager that has a hand written note that the casino assumes all costs for the hospital treatment. Is there a suit here?
- Of course there is a case!
Caller
- There is a stranger in my mother-in-laws grave. The grave was purchased in 1976, and recently when my mother in law died, and when they went to dig the spot, they found another casket in her grave. Can my mother be put in her plot?
- Answer: The estate could demand that they own the property, and to get the old casket out of the spot, and put the mother in the spot that she owns. Just contact the mortuary, and give them the opportunity to clear this up.
Caller "Oscar"
- Oscar rear-ended someone. He had full coverage insurance, and paid the premium in advance for a year. He called the insurance, and they say he is not covered. They claim that they gave him a marriage discount, but now say that he is not married, and isn't covered. But Oscar is married. What is the time limit?
- Answer: This is a great case for bad faith. The other side should sue Oscar, then Oscar should counterclaim his own insurance. Include the broker, make sure the check for the insurance was cashed. Do it as quickly as possible, the term limit might be 3 years.
Caller "Jennifer"
- She rented a home for four years, and received a 60 day notice from the property manager, the owner wants family to move into the home. They are looking for a new home, and they found a new home in a week, and gave 20 days notice, and they want to charge ten days rent. Can they touch me on wear and tear, my relatives lived here for 3 years before us...
- That's the law, the law says 30 days notice is required. You can try to negotiate about it. You have to ask the property management, and maybe also the owner. They can't touch you on normal wear and tear, but take pictures of everything in case they try to charge you cleaning charges.
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Bill Handel On The Law Show Notes February 14 2004
