public record, case 13LA09619 won against BFL

[PuertoLibre]

Interesting details revealed?

http://www.reddit.com/user/orange_bucket
http://www.reddit.com/user/coinpositivedotcom
http://www.reddit.com/r/Bitcoin/comments/1u4v0o/i_sued_bfl_in_kansas_jurisdiction_and_won/

One of them claims to be an Employee. Also claims something about hiring illegal immigrants?

[1714079497]

1714079497

[1714079497]

1714079497

[1714079497]

1714079497

[rammy2k2]

U better shave your ass inaba!

[Unacceptable]

U better shave your ass inaba!

He won't need to...good ole Bubba will do that for him  

Say hi to your bunk mate Josh  

[Miner99er]

Subbing to see where this goes. I'm sure quite a few of us would like some kind of refund for waiting a year+ (in my case) for some kind of product to be delivered.

[GlapLaw]

FYI - though this has been mentioned, it's worth repeating that a default judgment isn't precedential or indicative of the success of claims against BFL going forward. YMMV.

Source: I am a lawyer.

[miaviator]

FYI - though this has been mentioned, it's worth repeating that a default judgment isn't precedential or indicative of the success of claims against BFL going forward. YMMV.

Source: I am a lawyer.

In what state/country?

[Inaba]

All states, miaviator.

After checking into it this, it looks like we've never actually been served directly.  We are investigating the issue further, but it explains why this is the first we've heard of it. We're still trying to figure out who they actually served (if anyone), but it apparently wasn't us.  Unfortunately, the legal system moves a bit slow.

[GlapLaw]

FYI - though this has been mentioned, it's worth repeating that a default judgment isn't precedential or indicative of the success of claims against BFL going forward. YMMV.

Source: I am a lawyer.

In what state/country?

I'm based in New York, New York, though my practice is national. What I said is the law across the U.S., as far as I understand it.

No comment on this specific case or legal proceedings, just wanted people to be aware before they went bursting into court with this default judgment.

[SantaMuerte]

FYI - though this has been mentioned, it's worth repeating that a default judgment isn't precedential or indicative of the success of claims against BFL going forward. YMMV.

Source: I am a lawyer.

In what state/country?

I'm based in New York, New York, though my practice is national. What I said is the law across the U.S., as far as I understand it.

No comment on this specific case or legal proceedings, just wanted people to be aware before they went bursting into court with this default judgment.

BFL paid/employee     <---

[GlapLaw]

FYI - though this has been mentioned, it's worth repeating that a default judgment isn't precedential or indicative of the success of claims against BFL going forward. YMMV.

Source: I am a lawyer.

In what state/country?

I'm based in New York, New York, though my practice is national. What I said is the law across the U.S., as far as I understand it.

No comment on this specific case or legal proceedings, just wanted people to be aware before they went bursting into court with this default judgment.

BFL paid/employee     <---

Me? That's not fair. I'm not even commenting on this specific case.

I'm saying that generally speaking, a default judgment, while a victory for the plaintiff in that specific case, isn't precedent for future cases. In other words, if Jim sues Bob for breach of contract, and Bob doesn't show up, Jim will get a default judgment and "win." If Gary then decides to sue Bob for breach of contract and Bob shows up, Gary can't wave around Jim's default judgment and say "Look! He already lost before so he should lose again!"

You don't have to believe me, but I have no horse in this race, I just do my best to educate people on some of the less obvious points of the legal system.

[miaviator]

All states, miaviator.

After checking into it this, it looks like we've never actually been served directly.  We are investigating the issue further, but it explains why this is the first we've heard of it. We're still trying to figure out who they actually served (if anyone), but it apparently wasn't us.  Unfortunately, the legal system moves a bit slow.

Sorry Inaba I was quite vague.  I was asking where the poster was licensed to practice law.

[miaviator]

FYI - though this has been mentioned, it's worth repeating that a default judgment isn't precedential or indicative of the success of claims against BFL going forward. YMMV.

Source: I am a lawyer.

In what state/country?

I'm based in New York, New York, though my practice is national. What I said is the law across the U.S., as far as I understand it.

No comment on this specific case or legal proceedings, just wanted people to be aware before they went bursting into court with this default judgment.

BFL paid/employee     <---

BFL paid/employee     <---

Lets point the arrow at the guy who's posts help BFL *(Captain obvious says that's you SantaMuerte )

If BFL manages un-mangle the case they could still prevail in court.  Bringing up this case while thinking it has precedence will waste your money and could hurt you in the end.

[Bicknellski]

Just keeping serving them suits to the same address... bet you get a few judgements like this. Probably have one too many mailboxes and can't track. Whoops.

[gbx]

I'm saying that generally speaking, a default judgment, while a victory for the plaintiff in that specific case, isn't precedent for future cases. In other words, if Jim sues Bob for breach of contract, and Bob doesn't show up, Jim will get a default judgment and "win." If Gary then decides to sue Bob for breach of contract and Bob shows up, Gary can't wave around Jim's default judgment and say "Look! He already lost before so he should lose again!"

.. I just do my best to educate people on some of the less obvious points of the legal system.

Anything contained in the above post should NOT be taken to constitute the establishment of an Attorney-Client relationship. Anything in the above post should NOT be taken as legal advice, either generally, or for your specific situation. Anything contained in the above post should NOT be taken to indicate my opinion on any legal strategy or approach, or the viability of any legal claims.

So which is it?

I'd be more interested to hear your not-an-opinion-or-on the subject that BFL might have a shot at reopening this case.  On one hand, the address on their business license (official mailing address) is where you would think to send registered mail for service.  However, the place does have a website with an address on it.  So there's the common sense thing too...  what do the courts consider reasonable effort to contact in the legal world these days with email, internet, and google?

[GlapLaw]

I'm saying that generally speaking, a default judgment, while a victory for the plaintiff in that specific case, isn't precedent for future cases. In other words, if Jim sues Bob for breach of contract, and Bob doesn't show up, Jim will get a default judgment and "win." If Gary then decides to sue Bob for breach of contract and Bob shows up, Gary can't wave around Jim's default judgment and say "Look! He already lost before so he should lose again!"

.. I just do my best to educate people on some of the less obvious points of the legal system.

Anything contained in the above post should NOT be taken to constitute the establishment of an Attorney-Client relationship. Anything in the above post should NOT be taken as legal advice, either generally, or for your specific situation. Anything contained in the above post should NOT be taken to indicate my opinion on any legal strategy or approach, or the viability of any legal claims.

So which is it?

I'd be more interested to hear your not-an-opinion-or-on the subject that BFL might have a shot at reopening this case.  On one hand, the address on their business license (official mailing address) is where you would think to send registered mail for service.  However, the place does have a website with an address on it.  So there's the common sense thing too...  what do the courts consider reasonable effort to contact in the legal world these days with email, internet, and google?

I don't believe there's conflict in what I said and what my sig says. I apologize if my posts give any other impression.

I am simply explaining that while a default judgment is valid and enforceable (though it may be challenged on specific grounds), it generally does not prevent a defendant from showing up in a subsequent lawsuit brought by a different party and contesting the suit.

In other words, a plaintiff winning a default judgment says very little about another potential plaintiff's chance of winning if defendant shows up in that subsequent plaintiff's case.

YMMV, as always.

[joeventura]

Interesting.  First I've heard of this... I wonder who they served (if anyone in BFL).  You know you really screwed up your "win" when the defendant first hears about a case on an unrelated 3rd party internet forum, heh.

Should be an open and shut case to get this re-opened and dismissed.

That train has left the station, the next step is about $20k being garnished from the Company Bank Account.

Start moving money around, lets make it a criminal felony case.

[nagnagnag2]

don't worry!

josh will have a response in two weeks time ^tm 

[rammy2k2]

don't worry!

josh will have a response in two weeks time ^tm 

yea, in about 2 weeks ! 

[Bicknellski]

In other words, a plaintiff winning a default judgment says very little about another potential plaintiff's chance of winning if defendant shows up in that subsequent plaintiff's case.

YMMV, as always.

It does if they can't get their shit together and figure out which "official" place they are a getting registered mail sent to. It looks clear that BFL seems to be blissfully unaware they were sent anything and this judgement was made. Either that or they lied and basically didn't bother showing up hoping that the case would go away without going to court.

[PuertoLibre]

Hmm, case hasn't been overturned....and it has been 15 days.

I am guessing they were out of luck in getting it overturned. Who will be the next successful litigant?