ColeSLaw
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Posts posted by ColeSLaw
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I wanted to keep it to two options, I also am beginning to think I should not have internet access.I tried to think of a number of yes and no reasons, but I'm sure I missed some so cast your vote based on whatever reason you feel is relevant.
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You complain that no one explains why this lawsuit is not a striaght contract law, yet you do not listen.COURTS WILL NOT ENFORCE UNREASONABLE RESTRAINT OF TRADE CONTRACTS.There is much room to argue what is reasonable and what isn't in terms of the assignments of image rights.Legality - The purpose of the agreement must not be illegal or contrary to public policy. -
Unfortunately, you do not understanding the matter at hand. First, while a lawyer may face punishment from their state bar for a frivilous lawsuit, this case would not fall under that category as a good faith argument could be made on their claims.Second, your understanding of contract law is incorrect. Courts can and do examine the reasonableness of a contract and can void the agreement for a number of reasons regardless of breach in equity. Let say you and I create a good faith contract to sell your soul to me. There is offer, acceptance and consideration. If a person with standing brought the matter before the court, the contract would be voided as unconscionable. A closer example would be a restraint of trade contract. Courts will weigh the reasonableness of a restraint of trade clause and will void the provision based on factors such as its duration, scope, the effect it has on competition and on the individual's ability to make a living.As for the antitrust matter, it is not about having a monopoly, it is about merely limiting competition. That is a huge difference.With all due respect, your legal opinions are incorrect and serve to only confuse readers."Just because they signed it does not mean that they cannot bring a suit to have the contract altered"Actually that is exactly what it means. If two parties sign a contract, and both parties do so in good faith and they both hold up their end of the bargain, then one party cannot sue the other. Other than breech of conbtract, the only reason a lawsuit can be brought is if something in the contract breaks the law. The WPT is not a monopoly. A monopoly means that there are no other firms in the indusrty. The WSOP does exist the last time I checked. -
I was hoping to find those pics someone posted of Raymer looking drunk with the lady with the artificially well-endowned mammaries. I believe someone posited her profession involved ill repute.This photos may be valuable in the emerging internet feud between the blue corner, DN, and the red corner, Faucet Man.Thank you for considering this application of assistance.Kindest regards and God speed.
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With all due respect, in this case contract law intersects with restraint of trade and assignment of rights and becomes a lot more complicated. Add to that antitrust law, and these are complex legal issues. The result is far from certain.While everyone is entitled to their opinion, simplistic legal analysis is not very valuable to the discussion in my opinion.The name/likeness claim has no merit what so ever. To have a legally binding contract you just need three things, and I know quite a bit about contact law. Those three things are offer, acceptance, and consideration. That’s all you need to have a valid contract. -
You should be working on getting yourself out of DM, not getting others in.Seriously, move to Cuba, you'll thank me.
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license plate AKZT 560, look for it at a FCP Toronto event near you.LMAOIts so true, white people are so lame!i heard this from my friend who is native americanWhy did the indian cross the road??To pass out in the other ditch.hii ohhh.. He also told me this oneWhy did god give seagulls wings??to beat the indians to the dump. -
Reminds me of some of the retirees at the local casino.did you see that damn thing.. he was drooling on his cards.. throwing them.. then he would just randomly push his chips in.. also he was playing with bigger cards.. if I was sitting next to him id clearly see each and every hand... he would always act out of turn and throw his all-in button around... call me crazy.. but this would be hilarious -
Nice payout, gl, take it down, and all the rest.
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gl, payout?
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I have not taken a course in antitrust law, but from what I understand actual harm is irrelevant (unlike say a tort claim) so it doesn't matter whether or not they can or do go to anyone 'gas station'. The issue is whether or not competition is infringed.But how does the WPT's waiver affect your ability to compete any more then (I will use your comparison) a single gas station with outrageous prices prevents you from buying gas at the 8 million other gas stations? Just don't play/Just don't pay as the case may be. -
I think the statement of claim shows enough room for intelligent arguments to be made on both side.There are many ways to characterize a poker tournament, especially a televised one produced by a market leader. You could argue that the assignment of rights is not without compensation. While it is not direct compensation in the form of royalties, players are compensated through publicity and through specialty tournaments that the WPT supplies the prize pool.There are also different ways to characterize the agreements allegedly signed by the casinos.Bottom line, we will all wait and see how this unfolds.But like much litigation, it seems silly that the two sides couldn't come to an agreement without litigation. I'm sure a release could be written that respects both the WPT's interest in its product and the player's interest in their product, themselves.It is an interesting question who's interests are served by DN's video blogs on the matter. It gives the case extra attention, but clearly sides with the WPT.
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That's every degenerate gambler's dream.Thanks for the statement of claim blueodum. I'll check it out tomorrow.but I'm sure nobody likes flipping coins for hundreds of thousands of dollars. -
I would advise against predicting the outcome of any lawsuit.I have not read the contract or the statement of claim, but on the contract side alone it could go either way.Noncompetition clauses are enforceable only in so far as they are reasonable. The court will look at a number of factors including the duration and scope of the terms, as well as the effect on the general public in terms of competition and on the signee's ability to make a living.I'm not saying whether this particular contract is enforceable, but I'm sure intelligent arguments could be made on either side.Anyone that has read cases in this area will know there is a mountain of case law on either side, so I wouldn't make any bets.Anyway, settlement is likely as with any case, but bad blood is also likely. Litigating is often a poor way to solve a problem.For those of you who don't know, there CAN be "noncompetition"clauses in a contract. These clauses are not illegal and can be written into any contract and agreed upon by the signing party. -
Contact the Bar Association in your state. This lawyer has likely breached his duty of professional responsibility.Need more details to go beyond that, but in the state of NY for example under article 12a of the Real Property Law, there are two types of agent relationship for real estate that you can enter into and the answer depends on which you have entered.You can find your state association here:http://www.findlaw.com/06associations/state.htmlThen click on your state, then click on the (insert state here) Bar Association, then on a "file a complaint" type link or contact us link.The Bar Association takes matters like this very seriously, and your lawyer will too.Hope this helps.
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The issue is and has always been offshore gambling sites, not the game itself.Kill access to the sites or the ability to transfer money to these sites and you will kill online poker in its present form.
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“In the long run, we're all dead.” John Maynard KeynesThere is no luck over the long term.Keep in mind the long term is very long. -
You ever ask your mechanic if you could help him fix your car?The law firm hired would politely tell Raymer to go have a snack and start clocking the billable hours.I wonder if Raymer will be working on the legal side of this.Seeing Raymer is a Intellectual Property Rights attorney I would imagine he was the lead from the player standpoint. -
Buy low, sell high.
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SHIP IT
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Oh, thank you for the quick reply.You obviously work hard and suffer the greatest nuisance because of this. Hope you have got more than 3 hours sleep last night, and thanks for the polite responses even/especially to people quite agitated by this.All passwords are encrypted, he had access at one point to change account passwords but that's his limitation. -
I heard they were just going to line people up, take the juice and then pick a number from 1-7. First peson to call out the number wins the event. The rest of the money positions are then decided by an egg spoon race.
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Does that suggest that the hacker had access to forum passwords and account email addresses?If so, I would recommend anyone that has the same password for this site as their contact email address, change them immediately.
I'm A Pimp
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Please add this to the list of vblog puzzles:Why does Daniel talk like a deep south country bumpkin, "yall, yall, yall" ?Isn't he from Toronto?