public record, case 13LA09619 won against BFL

[Bicknellski]

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?

Yes... not overturned? Hmm... guess that internet law degree didn't pan out for Josh either?

[tigerfree]

nice work man .

[Ytterbium]

Heh, awesome. Hopefully they'll be losing more lawsuits in the future.

[cdog]

The game is over for BFL. After the latest Monarch fiasco, even their most ardent supporters are lost. Nobody will dare buy their next product, the lawsuits pile up, they declare bankruptcy and ride off into the sunset with over 100,000 BTC, laughing all the way: "Suckerrrrrrrrrrrrrrrrrrrrrrrrrrrrrssss!!!!"

[Bicknellski]

The game is over for BFL. After the latest Monarch fiasco, even their most ardent supporters are lost. Nobody will dare buy their next product, the lawsuits pile up, they declare bankruptcy and ride off into the sunset with over 100,000 BTC, laughing all the way: "Suckerrrrrrrrrrrrrrrrrrrrrrrrrrrrrssss!!!!"

When you take money and fail to deliver you would hope that people can recoup their losses. It is clear at this point BFL is clearly to be avoided at all costs and save your self the hassle. There is 0 risk when you don't buy from them and that is the best advice anyone can give members of the community.

[el_rlee]

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.

Don't you have to sign for this?

Disclaimer: All my knowledge about the USA "serving system" comes from a movie called "Pineapple Express" 

[Bicknellski]

You taking his word about being served?

Seems the court was ok with passing judgement.

[DBG]

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.

Don't you have to sign for this?

Disclaimer: All my knowledge about the USA "serving system" comes from a movie called "Pineapple Express" 

Subpoenas can be delivered in a number of ways; I don't think I ever got around to watching "Pineapple Express" but I'm guessing there was a process server trying to delivery a subpoena in the movie.  Hand delivery is just as valid as the paperwork being sent by registered/certified mail.

[joeventura]

Its not a subpoena, its receiving process of service.

Which is a notice you are being sued and a notice to appear.

Subpoena requires you to testify.

A process server delivers the notice to appear to the registered address of the corporation and just like on TV they say "You have been served"

And then the process server, if needed will testify that the process was served to the appropriate location and/or the proper person and that is all the court needs. In many cases a certified letter signed for at the registered location of the corporation is also acceptable.

At this late date BFL has not a prayer to get this overturned AS LONG as the Process service was good. If the Process server delivered to the wrong address or something then they could get a hearing. However if BFLs registered address was current at the time and they served there, its open and shut case.

[DBG]

Ah true, would a subpoena only be used in a criminal investigation/trial (compared to civil) then?  Of course we would all like to stay out of court, but just think if BFL was located in China/HK, heh good reason for me to go with CoinTerra.

[joeventura]

A subpoena is a document (depending on the type) that REQUIRES someone to appear in court or REQUIRES someone to produce evidence in court, if you are served with a subpoena and you don't appear you will usually be arrested and found in "contempt  of court" and usually imprisoned.

If you receive process of service telling you that you are being sued (civil) and you do not show up the plaintiff gets a default judgement.

Subpoenas are usually not used to compel a defendant to appear, they are usually used to compel a witness to appear.

So in the case you sue BFL in a civil matter they will be served at their registered place of business and they should appear, if they don't they lose.

If you bring a criminal action, like fraud, they will still be served and if they were served and don't appear they could be found guilty of that crime.

[nagnagnag2]

its been more than two weeks ^tm now, since BFL knew about this case.

what's the current status?

[PuertoLibre]

Nothings changed. They haven't overturned the case against them after almost a month.

Strike while the iron is hot.

[Bicknellski]

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.

How is that dismissal coming?

http://www.scribd.com/doc/204954147/Lolli-v-BF-Labs-Journal-Entry-of-Judgment

[Beaflag VonRathburg]

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.

How is that dismissal coming?

http://www.scribd.com/doc/204954147/Lolli-v-BF-Labs-Journal-Entry-of-Judgment

That, "$3.82 per day post judgement interest from November 27, 2013 until payment is received," is going to start adding up if they keep stalling this out.

[Bicknellski]

Josh just spent a few BTC on house... how are they going to pay for losing this case?

[VinCeCream]

Excellent news for Bitcoin ! Nice work !

[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.

How is that dismissal coming?

http://www.scribd.com/doc/204954147/Lolli-v-BF-Labs-Journal-Entry-of-Judgment

That, "$3.82 per day post judgement interest from November 27, 2013 until payment is received," is going to start adding up if they keep stalling this out.

The current tab is $14,500 who wants to call William Lolli and see if he got paid?

His phone number is in the exhibits of the case:

http://www.scribd.com/doc/204954150/Lolli-v-BF-Labs-Petition

[CDNinATL]

It would be interesting to hear how this finally played out.

[Bicknellski]

It would be interesting to hear how this finally played out.

One thing we know for certain. BFL didn't have it overturned. It is still on the books. So much for Josh Z confidence it be easily overturned. Pfft just like the Monarch will ship in December 2013. No problem.