[Timezone Detection]
X
Really Fast Registration - Join in seconds!

User Name: Email Address: Over 13 and agree
to Forum Rules?  
Human Verification


Results 1 to 20 of 20

Thread: Trial lawyers?

  1. #1

    Trial lawyers?

    Thoughts on how the recent JW event would affect a future civil suit? Seems to me this outburst would not be a helpful fact for him and would certainly be used by the plaintiff to paint him as character with a particular disregard for women.

  2. #2
    Administrator FSU_Jeep's Avatar
    Join Date
    Aug 2014
    Location
    Tallahassee Florida
    Posts
    2,091

    Re: Trial lawyers?

    I would suspect this to be true had the statement actually been made at or towards an actual person but since it was a quote of someone else's work I don't believe it will be of much help.

  3. #3
    Senior Member
    Join Date
    Aug 2014
    Posts
    11,649

    Re: Trial lawyers?

    Yes, it is evidence that demonstrates character and propensity to act out and certainly would be introduced at a civil trial.

    He's going to pay that girl a fortune not to be dragged through the mud.

  4. #4
    Administrator FSU_Jeep's Avatar
    Join Date
    Aug 2014
    Location
    Tallahassee Florida
    Posts
    2,091

    Re: Trial lawyers?

    She ain't getting crap of he stays in college another year. She can't sue based on his future wages and there is a 3 year SOL.

    So good luck with her getting rich off of a fake rape.

  5. #5
    Senior Member
    Join Date
    Aug 2014
    Posts
    11,649

    Re: Trial lawyers?

    Quote Originally Posted by FSU_Jeep
    She ain't getting crap of he stays in college another year. She can't sue based on his future wages and there is a 3 year SOL.

    So good luck with her getting rich off of a fake rape.

    He ain't staying in college next year - first off.

    Second, judgments against individuals are good for 10 years - so she can be plenty patient before collecting on any judgment - and of course any settlement. Whether he makes big money next year or in 5 years is irrelevant.

    As usual - you know next to nothing about what you post.

  6. #6

    Re: Trial lawyers?

    Quote Originally Posted by FSU_Jeep
    She ain't getting crap of he stays in college another year. She can't sue based on his future wages and there is a 3 year SOL.

    So good luck with her getting rich off of a fake rape.

    I'll take your word on the statute of limitations, but the rest of that doesn't make sense (or only makes sense if you're talking about his ability to pay a quick settlement). She could sue him at the end of the SOL, wait awhile to serve him and then, in the meantime, the case drags on over the next year and he gets drafted and gets rich. His ability or inability to pay doesn't affect her ability to file a lawsuit.

  7. #7
    Administrator FSU_Jeep's Avatar
    Join Date
    Aug 2014
    Location
    Tallahassee Florida
    Posts
    2,091

    Re: Trial lawyers?

    [quote=Brooklyn Nole]
    Quote Originally Posted by "FSU_Jeep":32ok29cx
    She ain't getting crap of he stays in college another year. She can't sue based on his future wages and there is a 3 year SOL.

    So good luck with her getting rich off of a fake rape.

    He ain't staying in college next year - first off.

    Second, judgments against individuals are good for 10 years - so she can be plenty patient before collecting on any judgment - and of course any settlement. Whether he makes big money next year or in 5 years is irrelevant.

    As usual - you know next to nothing about what you post.[/quote:32ok29cx]

    You are the most unintelligent person I have ever met. She can not get a judgement on future earnings. If she gets a judgement now it will be what he can currently pay. Which is much of nothing.

    Winston along with coach fisher and his dad have said he plans to finish college before going to the nfl.

    There is a 3 year stat of limitations on civil action in these types of cases.

    She will never get anything from Winston.

  8. #8
    Administrator FSU_Jeep's Avatar
    Join Date
    Aug 2014
    Location
    Tallahassee Florida
    Posts
    2,091

    Re: Trial lawyers?

    Quote Originally Posted by RockyMtNole
    Quote Originally Posted by FSU_Jeep
    She ain't getting crap of he stays in college another year. She can't sue based on his future wages and there is a 3 year SOL.

    So good luck with her getting rich off of a fake rape.

    I'll take your word on the statute of limitations, but the rest of that doesn't make sense (or only makes sense if you're talking about his ability to pay a quick settlement). She could sue him at the end of the SOL, wait awhile to serve him and then, in the meantime, the case drags on over the next year and he gets drafted and gets rich. His ability or inability to pay doesn't affect her ability to file a lawsuit.
    This information was brought up by lawyers on espn last year. You can't just sue your neighbor for a million dollars if he isn't worth a million dollars. She can't get a settlement for more than he currently is worth.

    If she did he could file bankruptcy before he was ever drafted.

  9. #9

    Re: Trial lawyers?

    [quote=FSU_Jeep]
    Quote Originally Posted by RockyMtNole
    Quote Originally Posted by "FSU_Jeep":3dh9gie2
    She ain't getting crap of he stays in college another year. She can't sue based on his future wages and there is a 3 year SOL.

    So good luck with her getting rich off of a fake rape.

    I'll take your word on the statute of limitations, but the rest of that doesn't make sense (or only makes sense if you're talking about his ability to pay a quick settlement). She could sue him at the end of the SOL, wait awhile to serve him and then, in the meantime, the case drags on over the next year and he gets drafted and gets rich. His ability or inability to pay doesn't affect her ability to file a lawsuit.
    This information was brought up by lawyers on espn last year. You can't just sue your neighbor for a million dollars if he isn't worth a million dollars. She can't get a settlement for more than he currently is worth.

    If she did he could file bankruptcy before he was ever drafted.[/quote:3dh9gie2]


    I think you misheard or I need to go back to law school. A damages award isn't based on the defendant's ability to pay. There are plenty of cases where the plaintiffs are awarded much, much more than a defendant can pay or would ever hope to be able to pay.

  10. #10
    Senior Member
    Join Date
    Aug 2014
    Posts
    11,649

    Re: Trial lawyers?

    [quote=FSU_Jeep]
    Quote Originally Posted by RockyMtNole
    Quote Originally Posted by "FSU_Jeep":1kr1ng85
    She ain't getting crap of he stays in college another year. She can't sue based on his future wages and there is a 3 year SOL.

    So good luck with her getting rich off of a fake rape.

    I'll take your word on the statute of limitations, but the rest of that doesn't make sense (or only makes sense if you're talking about his ability to pay a quick settlement). She could sue him at the end of the SOL, wait awhile to serve him and then, in the meantime, the case drags on over the next year and he gets drafted and gets rich. His ability or inability to pay doesn't affect her ability to file a lawsuit.
    This information was brought up by lawyers on espn last year. You can't just sue your neighbor for a million dollars if he isn't worth a million dollars. She can't get a settlement for more than he currently is worth.

    If she did he could file bankruptcy before he was ever drafted.[/quote:1kr1ng85]

    A little lawyering lesson for you nit wits.

    She sues Crab Legs for say $5K. Then Crab Legs gets drafted and signs his massive contract. Then, now based on his current earnings, she moves the Court to amend her complaint based on Crab Legs' now actual income.

    Lesson: Don't always believe what you hear on ESPN.

  11. #11

    Re: Trial lawyers?

    [quote=Brooklyn Nole][quote="FSU_Jeep":3bk5nv88]
    Quote Originally Posted by RockyMtNole
    Quote Originally Posted by "FSU_Jeep":3bk5nv88
    She ain't getting crap of he stays in college another year. She can't sue based on his future wages and there is a 3 year SOL.

    So good luck with her getting rich off of a fake rape.

    I'll take your word on the statute of limitations, but the rest of that doesn't make sense (or only makes sense if you're talking about his ability to pay a quick settlement). She could sue him at the end of the SOL, wait awhile to serve him and then, in the meantime, the case drags on over the next year and he gets drafted and gets rich. His ability or inability to pay doesn't affect her ability to file a lawsuit.
    This information was brought up by lawyers on espn last year. You can't just sue your neighbor for a million dollars if he isn't worth a million dollars. She can't get a settlement for more than he currently is worth.

    If she did he could file bankruptcy before he was ever drafted.[/quote:3bk5nv88]

    A little lawyering lesson for you nit wits.

    She sues Crab Legs for say $5K. Then Crab Legs gets drafted and signs his massive contract. Then, now based on his current earnings, she moves the Court to amend her complaint based on Crab Legs' now actual income.

    Lesson: Don't always believe what you hear on ESPN.[/quote:3bk5nv88]


    Nitwit? I was addressing jeep's assertion that she could only sue for what he was worth at the time of filing. Which isn't true no matter what ESPN says.

    As to your point, why would she sue him for $5k? She'll either claim unspecified damages to be determined at trial or just pick a very large, round number. So practically speaking, it seems unlikely that there would ever be a reason to amend the complaint for this reason alone.

  12. #12

    Re: Trial lawyers?

    [quote=RockyMtNole]
    Quote Originally Posted by FSU_Jeep
    Quote Originally Posted by RockyMtNole
    Quote Originally Posted by "FSU_Jeep":3cqkbex3
    She ain't getting crap of he stays in college another year. She can't sue based on his future wages and there is a 3 year SOL.

    So good luck with her getting rich off of a fake rape.

    I'll take your word on the statute of limitations, but the rest of that doesn't make sense (or only makes sense if you're talking about his ability to pay a quick settlement). She could sue him at the end of the SOL, wait awhile to serve him and then, in the meantime, the case drags on over the next year and he gets drafted and gets rich. His ability or inability to pay doesn't affect her ability to file a lawsuit.
    This information was brought up by lawyers on espn last year. You can't just sue your neighbor for a million dollars if he isn't worth a million dollars. She can't get a settlement for more than he currently is worth.

    If she did he could file bankruptcy before he was ever drafted.

    I think you misheard or I need to go back to law school. A damages award isn't based on the defendant's ability to pay. There are plenty of cases where the plaintiffs are awarded much, much more than a defendant can pay or would ever hope to be able to pay.[/quote:3cqkbex3]

    For an example, see the Alabama tree poisoner thread.

  13. #13
    Administrator FSU_Jeep's Avatar
    Join Date
    Aug 2014
    Location
    Tallahassee Florida
    Posts
    2,091

    Re: Trial lawyers?

    [quote=Brooklyn Nole][quote="FSU_Jeep":1vvkf32s]
    Quote Originally Posted by RockyMtNole
    Quote Originally Posted by "FSU_Jeep":1vvkf32s
    She ain't getting crap of he stays in college another year. She can't sue based on his future wages and there is a 3 year SOL.

    So good luck with her getting rich off of a fake rape.

    I'll take your word on the statute of limitations, but the rest of that doesn't make sense (or only makes sense if you're talking about his ability to pay a quick settlement). She could sue him at the end of the SOL, wait awhile to serve him and then, in the meantime, the case drags on over the next year and he gets drafted and gets rich. His ability or inability to pay doesn't affect her ability to file a lawsuit.
    This information was brought up by lawyers on espn last year. You can't just sue your neighbor for a million dollars if he isn't worth a million dollars. She can't get a settlement for more than he currently is worth.

    If she did he could file bankruptcy before he was ever drafted.[/quote:1vvkf32s]

    A little lawyering lesson for you nit wits.

    She sues Crab Legs for say $5K. Then Crab Legs gets drafted and signs his massive contract. Then, now based on his current earnings, she moves the Court to amend her complaint based on Crab Legs' now actual income.

    Lesson: Don't always believe what you hear on ESPN.[/quote:1vvkf32s]

    you are the funniest person I know. This a civil suit is nothing like a child support case. Their is no amending the amount awarded not that she would win the case.

    I know nothing of the auburn case and can't speak on it but it doesn't compare to this case at all.

  14. #14

    Re: Trial lawyers?

    Sure it compares. The Alabama tree poisoner guy was ordered to pay restitution in the amount of more than three quarters of a million dollars. He has no ability to pay that amount ever.

  15. #15
    Administrator FSU_Jeep's Avatar
    Join Date
    Aug 2014
    Location
    Tallahassee Florida
    Posts
    2,091

    Re: Trial lawyers?

    I don't think Winston would be ordered to pay restitution since that normally occurs in a criminal case. Restitution normally is based on hard financial facts. Like how much it actually costs to rebuild the tree area.

  16. #16

    Re: Trial lawyers?

    oj simpson was ordered to pay 33.5 million dollars in the civil wrongful death suit. he could not, has not, nor will he ever be able to pay that amount.

  17. #17

    Re: Trial lawyers?

    I typed a long explanation for the misunderstandings here, but I guess it was too long to post. First, if the plaintiff obtained a judgment against Winston for a tort. She would execute on the judgment and attach his non-exempt property. This includes trying to find the cash he has on hand. Each state has specific rules regarding what property the plaintiff can sieze. Second, Winston's bad act at the union is not admissible evidence. Bad acts are not admissible to prove conformity. Character evidence is in the form of reputation or opinion, and not specific acts. Specific acts can be admitted if character/trait is an essential element of the crime. This act would not fall into that catagory.

  18. #18
    Administrator FSU_Jeep's Avatar
    Join Date
    Aug 2014
    Location
    Tallahassee Florida
    Posts
    2,091

    Re: Trial lawyers?

    Quote Originally Posted by Fijimn
    I typed a long explanation for the misunderstandings here, but I guess it was too long to post. First, if the plaintiff obtained a judgment against Winston for a tort. She would execute on the judgment and attach his non-exempt property. This includes trying to find the cash he has on hand. Each state has specific rules regarding what property the plaintiff can sieze. Second, Winston's bad act at the union is not admissible evidence. Bad acts are not admissible to prove conformity. Character evidence is in the form of reputation or opinion, and not specific acts. Specific acts can be admitted if character/trait is an essential element of the crime. This act would not fall into that catagory.
    Excellent information. I can check but if there is a post size issue It has to be huge.

  19. #19

    Re: Trial lawyers?

    Might have been my computer or wifi. Working at a hotel in Louisiana. Basically, if you have a judgment against winston you just abstract it (file it) in every county where he has property and domesticate it in the court. But, as i said, the state where the property is may have very friendly judgment debtor laws. Like, texas, where there is very little property that you can attach, you cannot foreclose on the judgment lien against a homestead, and you cannot garnish wages.

  20. #20

    Re: Trial lawyers?

    The point is that awards are based on the plaintiff's damages, not the defendant's ability to pay.

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Copyright 2013 www.BigDelivery.com - All Rights Reserved - Copyright 2014 www.TheDailyNole.com - All Rights Reserved
This website is an independently operated source of news and information not affiliated with any school or team.
Single Sign On provided by vBSSO