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Pittsburgh Penguins Fan Sues Team For Texting Him Too Frequently

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Old
06-01-2012, 06:44 AM
  #51
BrookswasHere44
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Jaded, you really think he'll get a couple hundred thousand? That puts so much hate in my heart

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06-01-2012, 06:49 AM
  #52
King Forsberg
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Typical Penguins fans

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06-01-2012, 08:23 AM
  #53
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What next? A "fan" sues the team for losing games.....

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Old
06-01-2012, 12:15 PM
  #54
Jaded-Fan
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Originally Posted by BrookswasHere44 View Post
Jaded, you really think he'll get a couple hundred thousand? That puts so much hate in my heart
Actually I do.

He filed in California, meaning one of the big firms likely took this. They do not take cases without looking for at least that much. Yeah it seems like nothing, but just look sometimes at the seemingly small things that have garnered settlements from companies like pepsi, sony, etc. When you multiply out the 'damage' among a large class you can risk a large verdict, so yeah, I actually do think that our billionaire owner will throw some cash like that these guys way to make it go away. The firm taking it certainly is counting on that.

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06-01-2012, 12:17 PM
  #55
Jaded-Fan
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Originally Posted by KingForsberg View Post
Typical Penguins fans
I know you were kidding, but it is a nice intro to a thought I have had since I first read this. Like I said, it was filed in California. Not that Pens fans are not all over, they are. Watch an away game, there are few arenas that do not have a large Pens contingent in them. But I doubt it in this case. The guy is highly unlikely to be a Pens' fan, hell he likely does not even watch hockey. Some look for things like this as a money maker. I suspect that this is one of those guys.

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06-01-2012, 01:45 PM
  #56
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Originally Posted by Jaded-Fan View Post
I know you were kidding, but it is a nice intro to a thought I have had since I first read this. Like I said, it was filed in California. Not that Pens fans are not all over, they are. Watch an away game, there are few arenas that do not have a large Pens contingent in them. But I doubt it in this case. The guy is highly unlikely to be a Pens' fan, hell he likely does not even watch hockey. Some look for things like this as a money maker. I suspect that this is one of those guys.
Assuming that's the case, I have a hypothetical question. Say this went the whole way to trial, could the Penguins lawyer ask to see a log of all the text messages he receives. Presumably, if he is just signing up for text message services with the intent to sue, wouldn't he be receiving an absolute boatload of texts. (Hell, he might even have some sort of tech mash-up that he's built that counts the texts he gets from each sender and runs a weekly check against the agreed limit.) And if that was indeed the case, wouldn't there be a plausible argument that there was no damage whatsoever given that he actually wanted to receive more texts than were agreed.

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06-01-2012, 02:06 PM
  #57
Le Magnifique 66
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These are the types of things that should be on Judge Judy! She would have blasted this mofo

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Old
06-01-2012, 02:10 PM
  #58
Jaded-Fan
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Originally Posted by 66871 View Post
Assuming that's the case, I have a hypothetical question. Say this went the whole way to trial, could the Penguins lawyer ask to see a log of all the text messages he receives. Presumably, if he is just signing up for text message services with the intent to sue, wouldn't he be receiving an absolute boatload of texts. (Hell, he might even have some sort of tech mash-up that he's built that counts the texts he gets from each sender and runs a weekly check against the agreed limit.) And if that was indeed the case, wouldn't there be a plausible argument that there was no damage whatsoever given that he actually wanted to receive more texts than were agreed.
All trials are evidence based. However, this is a class action suit, so his specific situation would be less relevant than that of the alleged harm to the class.

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06-03-2012, 07:55 AM
  #59
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Watch this "fan" screw the team out of some money being a dick and then use it to buy tickets for next season

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06-03-2012, 02:32 PM
  #60
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Originally Posted by Jaded-Fan View Post
Actually I do.

He filed in California, meaning one of the big firms likely took this. They do not take cases without looking for at least that much. Yeah it seems like nothing, but just look sometimes at the seemingly small things that have garnered settlements from companies like pepsi, sony, etc. When you multiply out the 'damage' among a large class you can risk a large verdict, so yeah, I actually do think that our billionaire owner will throw some cash like that these guys way to make it go away. The firm taking it certainly is counting on that.
I suspect this was filed in California due more to the courts there. The 9th circuit court of appeals is infamous regarding many of their decisions.

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Old
06-04-2012, 10:36 AM
  #61
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When I first read the title I was sympathetic to the plaintiff because I frankly hate how those text things work. But then I read how it states they'll send at max 3 and all he endured was for one week 2 additional and the next week 1 additional. If he had received 10 texts or something each week then I think he would have some reason for this but only 3 additional texts total? It's almost like he was waiting for a reason to sue them, it's ridiculous.

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06-04-2012, 11:12 AM
  #62
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Quote:
Originally Posted by Jaded-Fan View Post
As for the topic, I am an attorney actually. And these type of cases are the kind that give us bad reputations. But with any system you have people who play around the edges and hope that the gate keepers, the judge in this case, are smart enough to handle these things accordingly.

Class action suits are very necessary. Without them certain checks on companies would be nearly impossible, as the damage individually would not be worth suing over, but collectively there is a real issue to deal with, issues unlike this one that people do care about. But it invites cases like this one as well.
All good points but this is not a class action suit is it? Just one lazy P O S jackass looking for a handout.


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Thankfully I am not in this area of the law. Mostly I just break up marriages for a living.


I know this was not intended as funny but it was. Jaded indeed. Is PA a no-fault state? If not that must make your life more interesting.


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Law firms that handle class action cases are such a small percentage of lawyers in practice. Look where this was filed, California. Some go looking for things like this to sue over....

As for those saying that this will get thrown out. I doubt it giving my professional opinion. The standard for getting a case dismissed is very high, and most cases survive summary judgment motions. The most likely scenerio is that the lawfirm shakes the Pens down for a couple hundred thousand dollars in an out of court settlement.
This is all so ****ed. First of all, how is it possible that a person who lives in one state, is allowed to file in another state just because their laws are more lenient / plaintiff-friendly? Isn't the whole ****ing point that every state has its jurisdictions and that if you choose to reside and pay taxes there, that's where the suit should be filed? And that you don't even see the light of a federal court unless your state's Supreme Court tells you to take it up there?

It's like Texas with intellectual property suits. Don't all the technology patent trolls file suit in Texas because of some BS law they have on the books that makes it easy for a plaintiff to bring suit on very vague grounds, against companies like Apple, Google, whoever? And also that the state's laws make it easier to recover larger damages?



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I


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Originally Posted by Jaded-Fan View Post
You are assuming that the guy actually was incensed/offended/hurt/whatever. The suit was filed in California. We have federal courts here in Pittsburgh, it is on Grant street almost to the greyhound bus station on the right. Hell you can even file a class action suit in civil courts. That should be a clue. The guy, and the firm, was looking for a case to try and milk money from a corporation owned by one of the richest men in america. They likely will get away with it too.
I don't get how any judge could allow this. What laws tie the judge's hands from using common sense and declaring "this is a waste of the court's time... not only am I not allowing this to proceed but I'm going to fine you 10,000 for even attempting it." I mean, a judge, within reason, should have that kind of authority when plaintiffs clearly cannot demonstrate any serious wrong-doing or damages or effects. But obviously if it's that easy (in CA or anywhere else) for a law firm to run roughshod over a judge like that to make this happen, there is some kind of threat to the judge there (in the law).

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06-04-2012, 04:25 PM
  #63
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America - Land of the free and home of the people that want to sue you for your free stuff.

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06-04-2012, 04:35 PM
  #64
Jaded-Fan
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Originally Posted by Chancellor Vitale View Post
All good points but this is not a class action suit is it? Just one lazy P O S jackass looking for a handout.

It is obviously a class action suit. The filing location more than anything gives it away, but the content, suing over texts, is the kind of thing you see in these. Seemingly small potatoes things.



I know this was not intended as funny but it was. Jaded indeed. Is PA a no-fault state? If not that must make your life more interesting.

PA is a no fault state, but that does not mean that the division of property and debt (Equitable distribution) can not get complicated. Especially when tax issues come into play. And fault can be a factor (one of 15) as a defense to spousal support. Not a per se defense, but one a judge can weigh.

This is all so ****ed. First of all, how is it possible that a person who lives in one state, is allowed to file in another state just because their laws are more lenient / plaintiff-friendly? Isn't the whole ****ing point that every state has its jurisdictions and that if you choose to reside and pay taxes there, that's where the suit should be filed? And that you don't even see the light of a federal court unless your state's Supreme Court tells you to take it up there?

It's like Texas with intellectual property suits. Don't all the technology patent trolls file suit in Texas because of some BS law they have on the books that makes it easy for a plaintiff to bring suit on very vague grounds, against companies like Apple, Google, whoever? And also that the state's laws make it easier to recover larger damages?


They likely filed there as the big firms that handle these claims are out there, and a hockey team, by its very nature, is nationwide. However, one could try a venue argument. You can file anywhere, but whether it stays there would be up to a judge then.

I




I don't get how any judge could allow this. What laws tie the judge's hands from using common sense and declaring "this is a waste of the court's time... not only am I not allowing this to proceed but I'm going to fine you 10,000 for even attempting it." I mean, a judge, within reason, should have that kind of authority when plaintiffs clearly cannot demonstrate any serious wrong-doing or damages or effects. But obviously if it's that easy (in CA or anywhere else) for a law firm to run roughshod over a judge like that to make this happen, there is some kind of threat to the judge there (in the law).
Answered relevant questions above.

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06-04-2012, 05:06 PM
  #65
Darth Vitale
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Quote:
Originally Posted by Jaded-Fan View Post
Answered relevant questions above.
So one guy can still bring a class action suit, and if he wins, what... the team has to notify subscribers that they are a member of the class so they can opt in for their $1.47 in damages if they want it? In the end I suspect the law firm pockets what... 75% in a nonsense case like this?


Re: divorce - yah I figured as much regarding division of property. Do you ever get people fighting over pets and end up with visitation situation? Talk about surreal.

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Old
06-04-2012, 05:15 PM
  #66
Jaded-Fan
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Originally Posted by Chancellor Vitale View Post
So one guy can still bring a class action suit, and if he wins, what... the team has to notify subscribers that they are a member of the class so they can opt in for their $1.47 in damages if they want it? In the end I suspect the law firm pockets what... 75% in a nonsense case like this?


Re: divorce - yah I figured as much regarding division of property. Do you ever get people fighting over pets and end up with visitation situation? Talk about surreal.
Believe it or not, 99% of people do not feel like paying their attorneys $15,000 to $20,000 to fight all the way to court to end up pretty close to the division that they would have gotten anyways. There are exceptions. As long as people keep apples apples and oranges oranges, ie, you take the bedroom furniture and I will take the dining room, and lets not try to assign a value to either, then things go much more smoothly. Pets can be an issue but usually they can even work those out, when you are looking at the money bleed out, either if you are paying, or even if you get the spouse to pay your attorney's fees, the estate is reduced in the end so you still lose. Not that many of my cases even end up in court at the end of the day.

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Old
06-05-2012, 08:03 PM
  #67
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What is this guys name and address

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Old
06-05-2012, 09:18 PM
  #68
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sue everybody! why not?

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Old
06-05-2012, 11:55 PM
  #69
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Those text are annoying. Especially when they text you stuff that is not even related to the Pens. I don't see anyway this guy can given they do tell you with every text how you can stop them.

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