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  #161   Report Post  
GregP
 
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On Mon, 10 Jan 2005 15:47:18 GMT, "Edwin Pawlowski"
wrote:


"GregP" wrote in message


Most people work for others. And many of them take
sick time when they aren't sick, hang around the water
cooler to gossip, take long lunches when they can
get away with it, surf the Internet when no one's watching,
make personal phone calls, etc. All of this is subsidized
by their employers' customers.


Have you been following me around????



No, but I've been told that that I am very good at
looking at my own performance objectively.
  #162   Report Post  
Mike Marlow
 
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"Edwin Pawlowski" wrote in message
news:asxEd.2585$4b.1286@trndny08...

"GregP" wrote in message


Most people work for others. And many of them take
sick time when they aren't sick, hang around the water
cooler to gossip, take long lunches when they can
get away with it, surf the Internet when no one's watching,
make personal phone calls, etc. All of this is subsidized
by their employers' customers.


Have you been following me around????



HA! I knew when I looked at your web site that you couldn't have been
making all of those sausages on your own time, with your own gear, on your
own property. So... how do you keep your boss from smelling them in the
smoker?
--

-Mike-




  #163   Report Post  
WD
 
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On Mon, 10 Jan 2005 13:15:55 -0500, "Mike Marlow"
wrote:

His boss is usually drunk, and everything smells like Bud. :-)

"Edwin Pawlowski" wrote in message
news:asxEd.2585$4b.1286@trndny08...

"GregP" wrote in message


Most people work for others. And many of them take
sick time when they aren't sick, hang around the water
cooler to gossip, take long lunches when they can
get away with it, surf the Internet when no one's watching,
make personal phone calls, etc. All of this is subsidized
by their employers' customers.


Have you been following me around????



HA! I knew when I looked at your web site that you couldn't have been
making all of those sausages on your own time, with your own gear, on your
own property. So... how do you keep your boss from smelling them in the
smoker?



  #164   Report Post  
Robatoy
 
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In article ,
"Leon" wrote:

I was once told that the electrons really do not care how they get to the
speaker.


You KNOW they care... they ALL do...
Somewhere along the line, electrons got a bad rap for that..
  #165   Report Post  
Dave Mundt
 
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Greetings and Salutations....

On Sat, 08 Jan 2005 12:04:53 -0500, Brian wrote:

I hope monster cable wins . they are only doing what any business does to
protect it very valuable name.Others that use similar names should expect to
looked also. Copy right laws exist for a purpose. but do not worry about
this small company (he's fine), he has done it for the free publicity for
his business.


Hum...I think he is doing it for exactly the reason he
states...to try and avoid getting smashed by a big, non-related
company, with too many lawyers.

I think you're out of your mind. How does "Monsters Inc." or "Monster
Garage" in any way confuse you as to their relation (or lack thereof,
which is the reality of the situation) to Monster Cable?

Not the point for Monster Cable.

"Monster" is a general-purpose word in the English language that far
predates Monster Cable; so I guess in your eyes Apple Computer has a
right to trademark the word "apple" and then sue or extort the pants
off of every apple farmer or supplier in the land?

As a matter of fact, Apple computer DID get sued...by Apple
Records (the Beatle's recording company) quite some years ago, for
exactly this sort of trademark violation. As part of the settlement,
Apply Computer had to agree to NOT go into the music publishing
industry. Of course, recent events have caused some upset at
Apple Records and some renegotiation.
However, this sort of thing has happened before and
will happen again.

And what makes you think that any of these people were even thinking
about Monster Cable when they named their businesses? What evidence
supports that claim?


Again...does not matter. The fact of the matter is that
the way the laws are interpreted these days, a given company can
acquire exclusive ownership for the use of a word. This is far
too broad a net, and, I think should be addressed by the courts.
However, this is another case of the golden rule...i.e. the man
with the gold makes the rules.
It is akin to the intellectual property suit that SCO
has been chasing for years over Linux. The fact of the matter
is that they have not proven they have a leg to stand on. yet...
the lawyers continue to make millions, and, the stockholders
make big bucks off selling the SCO stock (artificially pumped
by the heavily spun news of the progress of the suit).

Regards
Dave Mundt



  #166   Report Post  
Mark & Juanita
 
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On Mon, 10 Jan 2005 10:36:58 -0500, GregP wrote:

On Mon, 10 Jan 2005 07:32:23 -0600, "Knothead"
wrote:


Doesn't anyone think the that cable company in question just put a shyster
on the payroll and they are trying to justify their salary?
My aplogies to any shysters reading this I'm sure there is at least one of
you that doesn't live for other peoples money. I just haven't had the
experience personally



Most people work for others. And many of them take
sick time when they aren't sick, hang around the water
cooler to gossip, take long lunches when they can
get away with it, surf the Internet when no one's watching,
make personal phone calls, etc. All of this is subsidized
by their employers' customers. But since the company
is charging customers on their behalf, they're "getting
back at the company," rather than ripping off the customers.



.... and the sun rises in the east and sets in the west, but what does the
above have to do with the perception that most shysters are out to acquire
via court action the fruits of others' labors?



+--------------------------------------------------------------------------------+

Now we'll just use some glue to hold things in place until the brads dry

+--------------------------------------------------------------------------------+
  #167   Report Post  
Edwin Pawlowski
 
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"Mike Marlow" wrote in message

HA! I knew when I looked at your web site that you couldn't have been
making all of those sausages on your own time, with your own gear, on your
own property. So... how do you keep your boss from smelling them in the
smoker?
--

-Mike-


Easy, he's out on the golf course.


  #169   Report Post  
Old Nick
 
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On 08 Jan 2005 01:25:04 EST, Mark and Kim Smith
vaguely proposed a theory
.......and in reply I say!:

remove ns from my header address to reply via email

You'll need a better example. Porter Cable has been trademarked long
before Monster was even a dream. Still B.S., though!


So Porter Cable should sue Moster Cable then! As you say. BS.
  #170   Report Post  
Old Nick
 
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On Sat, 08 Jan 2005 05:17:47 GMT, Groggy
vaguely proposed a theory
.......and in reply I say!:

remove ns from my header address to reply via email

I notice that you have used the letter "e" several times in your post.
Since I had publicly made use of that letter before, expect to hear
more on this. G

In fact since I have used every letter publicly, I believe that I will
claim the whole alphabet as my artistic property and sue _all_ of you,
_every_ time you post.

Audiophiles get off on these things, but as you said, they're really
overpriced crap.

I hope the courts make them pay everyones legal costs then fine them
for their nuisance suit. It is not like Disney, who built the name. If
this is allowed to continue, all names and words will be registered
trademarks in very short order - not dissimilar to the domain name
squatting of yesteryear.




  #171   Report Post  
GregP
 
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On Mon, 10 Jan 2005 20:09:13 -0700, Mark & Juanita
wrote:


... and the sun rises in the east and sets in the west, but what does the
above have to do with the perception that most shysters are out to acquire
via court action the fruits of others' labors?


Most people are out to acquire the fruits of others' labors,
period, and a good many of them think nothing of it beyond
figuring out how to be more successful at it. As you said, the
sun rises in the east (sort of) and sets in the west (sort of).
This administration, in an attempt to sidetrack people (and it's
obviously successful, as this thread shows) from the real
problems & the death & destruction it has caused, has decided
to make lawyers a cause celebre, mainly because they tend
to support the Democratic Party. But Enron, Haliburton, and
other companies that have paid off politicians to do what they
want, show that greed is quite widespread.
  #172   Report Post  
Eugene
 
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Mike Marlow wrote:


"Eugene" wrote in message
...
Mike in Mystic wrote:

man, that makes me want to go and cut up the monster cables I have all
over
my home theater set-up. too bad they already got a lot of my money,
the bahstards. this stuff really is hard to believe


There are many other companies which do the same thing. Microsoft for
example, if your company or product, software or not has the word Windows
or something similar you can expect a lawsuit.


A quick google for the word "Windows" proves this wrong. There are
restrictions on how a word or name is used in order to be considered a
trademark infringement.

That doesn't stop them from trying.

  #173   Report Post  
 
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J. Clarke wrote:
rather than fighting it out. Unfortunately, Disney caved when Monster
Cable went after them--they would have done the world a real service by
smashing that outfit flat and forcing it into bankruptcy then buying up the
scraps and shipping them to Japan to be melted down and turned into
something useful.


Ah, but Disney would not want a sensible decision on trademarks on
the books. They spend a lot of time and effort threatening people
in a similar fashion, and they have a lot more trademarks to "protect."
It is clearly cheaper for Disney to pay the upstart a few pennies
than to face some *other* upstart in court somewhere using Disney's
own arguments against it.

Bill Ranck
Blacksburg, Va.
  #174   Report Post  
Mike Marlow
 
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"Eugene" wrote in message
...
Mike Marlow wrote:


"Eugene" wrote in message
...
Mike in Mystic wrote:

man, that makes me want to go and cut up the monster cables I have

all
over
my home theater set-up. too bad they already got a lot of my money,
the bahstards. this stuff really is hard to believe


There are many other companies which do the same thing. Microsoft for
example, if your company or product, software or not has the word

Windows
or something similar you can expect a lawsuit.


A quick google for the word "Windows" proves this wrong. There are
restrictions on how a word or name is used in order to be considered a
trademark infringement.

That doesn't stop them from trying.


Please provide the examples of Microsoft having gone after any company with
the word Windows in their name. You are correct in principle though -
that's how Monster is doing what they are - the laws allow them to sue
regardless of merit. The courts sort out the cases but the right to sue is
available to anyone for any reason.
--

-Mike-




  #176   Report Post  
Mark & Juanita
 
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On Mon, 10 Jan 2005 22:06:36 -0800, (Glenna Rose) wrote:

writes:

I personally go to Wal-Mart for most of my cable needs (I don't do any
heavy duty editing or have an expensive speaker system right now. so I
don't care about the quality so much). What I don't get is why $15 USB
cable at Wal-Mart costs $30 in BestBuy/Circuit
City/CompUSA/OfficeMax/Depot/Staples. That's a *HUGE* price difference
for the exact same product. Most other things are only about 10-30%
cheaper in Wal-mart than they are in bigger stores.


It's doubtful anyone is buying too much of anything at CompUSA these days.

Glenna


As truth in advertising, it should be CompMEX since they were bought out
several years ago by an investment group from Mexico. Not that that has
anything to do with their abysmal service and customer attitude -- it was
abysmal way before they were bought out. I had determined a number of
years ago not to darken their doors with my presence after several bad
experiences with them. Any time that I have violated that determination, I
have always left empty-handed and more determined not to go back (has only
happened a couple of times in the last 6 years -- and then only when I was
absolutely desperate for something I couldn't find elsewhere -- like
CompUSA would be the place to have it if nobody else did, even if it was
COMPuter related).



+--------------------------------------------------------------------------------+

Now we'll just use some glue to hold things in place until the brads dry

+--------------------------------------------------------------------------------+
  #177   Report Post  
Silvan
 
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Greg wrote:

listening to. If you are in a Jeep with 75-80 dB of ambient noise, I doubt
you can hear the oxygen in your cables or the difference between a 320k
rip and a 128k rip.


I'd say that's generally true. Truck noise kills everything quiet, and
everything really low into the bass with noise. Even so, I'll bet I could
hear the difference between a highly lossy rip and an only moderately lossy
rip on anything with lots of electronic stuff. Depeche Mode for example.
Might be a fun experiment.

Except I don't have an MP3 player anyway. I can't see the use for one. Who
wants to listen to lossy compression?

--
Michael McIntyre ---- Silvan
Linux fanatic, and certified Geek; registered Linux user #243621
http://www.geocities.com/Paris/Rue/5407/
http://rosegarden.sourceforge.net/tutorial/
  #178   Report Post  
SweetNothing
 
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On Wed, 12 Jan 2005 01:41:45 -0500, Silvan

Except I don't have an MP3 player anyway. I can't see the use for one. Who
wants to listen to lossy compression?


Well, remember this the next time you're tooling down the highway and
have your attention focused on the dozen cds beside you on the
adjacent seat all the while looking some favourite toons.

You've just rammed your vehicle into that flatbed truck you didn't see
up ahead and now you're trying to explain to God what went wrong, he
will say to you...

"Why should I let you stay in heaven when you weren't smart enough
compress all your favourite toons into MP3 format and just need one cd
or DVD to hold them all?"
  #179   Report Post  
J. Clarke
 
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Lazarus Long wrote:

On Sat, 08 Jan 2005 04:23:41 GMT, "Edwin Pawlowski"
wrote:


"Brian" wrote in message
...
I apologize for the OT post, but I feel the need to spead this story as
far as I can (and encourage you to do the same).


:::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::
http://www.denverpost.com/Stories/0,...611825,00.html

What a bunch of greedy assholes.



I've boycotted them for years. Their cables are very over-priced wire.

I recall a test done by Stereo Review some years ago. In blind testing,
none of the listeners could tell the difference between Monster cable,
other high priced brands, and lamp cord.



I agree completely with the point that one almost certainly cannot
*hear* the difference between Monster's product and other interconnect
cables.

But that's where it ends. I've been heavily involved with wire issues
in the course of my employment and I can state most emphatically that
the other details of fabricating a cable leave Monster's and other
quality brands, Heads, Shoulders and Torso's above the utter junk sold
at Radio Shack or especially the **** that comes packed with whatever
electronic item one can purchase at any mass merchandiser.

Radio Shack in particular should be ashamed of what they sell as
interconnects.

Copper alloys used in making the actual wire is of critical
importance. the manner in which any terminals attach are extremely
important. The quality of the polymers used as insulation matters a
great deal. Theoretically at least (in the realm of physics) the
alloy of copper and the manner in which it makes connections does
impact the sound, but I'm here to say I can't hear it. But this isn't
about sound quality so much as the physical quality of the cabling.

Each and every low quality cable I've ever used has failed
mechanically and electrically. Stuff from Radio Shack in particular
turned to unconductive junk in short order. The poor interconnects
included with the VCR/DVD/Receiver or whatever have also failed.

You say what you like about Monster not being worth the money, but
they do without any shadow of doubt make very sturdy long lasting
cabling. Others do to. But the low cost crap foisted on an unknowing
public is utterly worthless in terms of physical quality.

No, I DON'T WORK FOR MONSTER! I do work for a company that uses a lot
of power cords and it is those that I am responsible for in my
engineering job at my employer. Wire matters. The alloy matters.
The manner in which the wire is joined to connections matter.

If you don't believe it, you're only fooling yourself.


And of course you've performed chemical analysis of the copper and
insulation used in various brands of cable and found significant
differences. Sure you have.

--
--John
Reply to jclarke at ae tee tee global dot net
(was jclarke at eye bee em dot net)
  #180   Report Post  
J. Clarke
 
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mp wrote:

Radio shack, anything that Walmart sells, and the speakers you get
free in cereal boxes.


Bullsh*t. ;-)


Ok, ya got me. Scratch the cereal boxes.


I'm not clear on how you make a speaker from bullsh*t by scratching cereal
boxes. Although I have no doubt that it would sound better than Bose.

One thing that cracked me up was the Bose speakers in my old
Corvette--between engine and wind noise the only important characteristic a
speaker needed in that car was to be _loud_--the acoustic quality was not
observable unless I parked with the engine off, which seems kind of
pointless in a Corvette.

--
--John
Reply to jclarke at ae tee tee global dot net
(was jclarke at eye bee em dot net)


  #181   Report Post  
J. Clarke
 
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Edwin Pawlowski wrote:


"Wes Stewart" wrote in message
...

|More that likely either the tests were faulty of the reviewers had tin
ears.
|Probably a combination of both.

Oh sure.

http://www.national.com/rap/Story/0,1562,3,00.html


I don't know. Think about this. You listen to music on your $6000 stereo
and it sounds good. When you call a store and are put on "hold", that
same
music does not sound so good over the telephone. Why? Think about all
those
spices and connections on the phone wires. That must be the difference.
If
the phone company used straight runs of Monster Cable, we'd get the same
good sound.


I can't tell if you're being facetious here--telephone is carried digitally
these days with a frequency range typically of 300-3400 Hz--that's all that
gets encoded in the cells and all that is carried, and it's often carried
over fiber optics. The "splices and interconnections" have little effect
compared to that.

--
--John
Reply to jclarke at ae tee tee global dot net
(was jclarke at eye bee em dot net)
  #182   Report Post  
J. Clarke
 
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Andy Dingley wrote:

On Sat, 8 Jan 2005 15:20:25 -0500, "Mike Marlow"
wrote:

Suits like this have been rejected by the courts out of hand in the US.


Well that's alright and Monster aren't actually doing this then,
are they ?


I don't think you understand how the system works. They sue. It's going to
cost somebody a huge amount of money to defend even if the defense is
likely to be successful, and the wrangling will likely go on for years. So
instead the defendant caves and settles for an amount that will be less
than the cost of the defense. So Monster makes bucks, the lawyers on both
sides make bucks, and the defendant is just screwed.

If the defendant actually has the resources and determination to go to
trial, then he is very likely to win in the sort of suit that Monster has
been bringing, but most don't have the resources to do that.

--
--John
Reply to jclarke at ae tee tee global dot net
(was jclarke at eye bee em dot net)
  #183   Report Post  
J. Clarke
 
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Edwin Pawlowski wrote:


"Andy Dingley" wrote in message
Don't blame
Monster for this, blame the unholy mess that is the US legal system.

The suits are bad and wrong. But they're perfectly legal, and if you
don't have a court system that will reject them out of hand, them
Monster are just acting in a way that's being positively encouraged.


It may be legal, but no one is forcing them to do anything that is
immoral. It is not the system of laws encouraging them, it is unethical
lawyers out looking to make a buck, how matter how.


Is it "unethical lawyers" or an unethical business owner abusing the legal
system? The lawyer is not forcing him to bring the suits you know.

I once discussed this with a lawyer who was in his cups at the time, and he
was really rather irate about the whole situation. Seems that because
lawyers used to be selective about their clients and deny minorities their
services, the courts ruled that a lawyer could be disbarred for turning
down a case for any reason other than that he simply was too swamped with
work to take on another one. So somebody comes along and says "I want to
sue McDonalds because I spilled my coffee" the lawyer can try to talk them
out of it but if they won't talk out of it then the lawyer pretty much has
to take the case, even if he doesn't want to.

--
--John
Reply to jclarke at ae tee tee global dot net
(was jclarke at eye bee em dot net)
  #184   Report Post  
Brian Henderson
 
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On Wed, 12 Jan 2005 04:49:30 -0500, SweetNothing
wrote:

Well, remember this the next time you're tooling down the highway and
have your attention focused on the dozen cds beside you on the
adjacent seat all the while looking some favourite toons.


I just make it easy and don't listen to music in the car. Or anywhere
else really.
  #185   Report Post  
mp
 
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And of course you've performed chemical analysis of the copper and
insulation used in various brands of cable and found significant
differences. Sure you have.


One doesn't need to do a chemical analysis to notice that wire is available
in many different configurations: stranded, tinned, solid, copper, silver,
etc.. Same with insulation materials, which can range from rubber to teflon.
Different configurations will yield different electrical characteristics
which are easily measured, such as resistance, capacitance, and inductance.
Whether or not you can hear the differences is another story.

I suppose it doesn't matter much what wiring you use if you're playing mp3s
through Radio Shack electronics hooked up to Bose speakers.




  #186   Report Post  
Edwin Pawlowski
 
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"J. Clarke" wrote in message
...
Edwin Pawlowski wrote:


I can't tell if you're being facetious here--


I try to keep it that way.





  #187   Report Post  
Wes Stewart
 
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On Wed, 12 Jan 2005 13:01:43 -0800, "mp" wrote:

| And of course you've performed chemical analysis of the copper and
| insulation used in various brands of cable and found significant
| differences. Sure you have.
|
|One doesn't need to do a chemical analysis to notice that wire is available
|in many different configurations: stranded, tinned, solid, copper, silver,
|etc.. Same with insulation materials, which can range from rubber to teflon.
|Different configurations will yield different electrical characteristics
|which are easily measured, such as resistance, capacitance, and inductance.
|Whether or not you can hear the differences is another story.
|
|I suppose it doesn't matter much what wiring you use if you're playing mp3s
|through Radio Shack electronics hooked up to Bose speakers.
|

But John is responding to a guy that's talking about *power cords* for
goodness sake, not microwave coax cable.

Wes



  #188   Report Post  
Secret Squirrel
 
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"J. Clarke" wrote in
:

Edwin Pawlowski wrote:


"Andy Dingley" wrote in message
Don't blame
Monster for this, blame the unholy mess that is the US legal system.

The suits are bad and wrong. But they're perfectly legal, and if you
don't have a court system that will reject them out of hand, them
Monster are just acting in a way that's being positively encouraged.


It may be legal, but no one is forcing them to do anything that is
immoral. It is not the system of laws encouraging them, it is
unethical lawyers out looking to make a buck, how matter how.


Is it "unethical lawyers" or an unethical business owner abusing the
legal system? The lawyer is not forcing him to bring the suits you
know.

I once discussed this with a lawyer who was in his cups at the time,
and he was really rather irate about the whole situation. Seems that
because lawyers used to be selective about their clients and deny
minorities their services, the courts ruled that a lawyer could be
disbarred for turning down a case for any reason other than that he
simply was too swamped with work to take on another one. So somebody
comes along and says "I want to sue McDonalds because I spilled my
coffee" the lawyer can try to talk them out of it but if they won't
talk out of it then the lawyer pretty much has to take the case, even
if he doesn't want to.


That simply isn't true. They, like all businesses, may not discriminate
based on race, gender, religion etc. However they certainly have the
right to decline a client for any legitimate reason. One perfectly
legitimate reason is that a case has no merit.
  #189   Report Post  
Mark & Juanita
 
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On Thu, 13 Jan 2005 12:03:41 -0600, Secret Squirrel
wrote:

"J. Clarke" wrote in
:

Edwin Pawlowski wrote:


"Andy Dingley" wrote in message
Don't blame
Monster for this, blame the unholy mess that is the US legal system.

The suits are bad and wrong. But they're perfectly legal, and if you
don't have a court system that will reject them out of hand, them
Monster are just acting in a way that's being positively encouraged.

It may be legal, but no one is forcing them to do anything that is
immoral. It is not the system of laws encouraging them, it is
unethical lawyers out looking to make a buck, how matter how.


Is it "unethical lawyers" or an unethical business owner abusing the
legal system? The lawyer is not forcing him to bring the suits you
know.

I once discussed this with a lawyer who was in his cups at the time,
and he was really rather irate about the whole situation. Seems that
because lawyers used to be selective about their clients and deny
minorities their services, the courts ruled that a lawyer could be
disbarred for turning down a case for any reason other than that he
simply was too swamped with work to take on another one. So somebody
comes along and says "I want to sue McDonalds because I spilled my
coffee" the lawyer can try to talk them out of it but if they won't
talk out of it then the lawyer pretty much has to take the case, even
if he doesn't want to.


That simply isn't true. They, like all businesses, may not discriminate
based on race, gender, religion etc. However they certainly have the
right to decline a client for any legitimate reason. One perfectly
legitimate reason is that a case has no merit.



ah, but the opinion of "no merit" can be subjective. Thus, a person who
approaches a lawyer with some case and is told that it has no merit can
then go to another lawyer who will argue that the case *does* have merit
and that the first lawyer discriminated against the client and since the
client is a member of one of society's "specially protected" classes, thus
the original lawyer discriminated based upon r,g,r,etc. If you were a
lawyer knowing this scenario could occur, would you ever turn away a
client? Couple that with the fact that by shopping venues, you can pretty
much find a judge somewhere who will find for your client, there is a very
strong incentive to take cases and a very strong dis-incentive not to.

... although the thought of a lawyer sueing another lawyer does have some
appeal.




+--------------------------------------------------------------------------------+

Now we'll just use some glue to hold things in place until the brads dry

+--------------------------------------------------------------------------------+
  #190   Report Post  
GregP
 
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On Thu, 13 Jan 2005 19:17:54 -0700, Mark & Juanita
wrote:


ah, but the opinion of "no merit" can be subjective. Thus, a person who
approaches a lawyer with some case and is told that it has no merit can
then go to another lawyer who will argue that the case *does* have merit
and that the first lawyer discriminated against the client and since the
client is a member of one of society's "specially protected" classes,
.....


You are full of right-wing fantasies, aren't you ?



  #191   Report Post  
Mark & Juanita
 
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On Thu, 13 Jan 2005 21:48:31 -0500, GregP wrote:

On Thu, 13 Jan 2005 19:17:54 -0700, Mark & Juanita
wrote:


ah, but the opinion of "no merit" can be subjective. Thus, a person who
approaches a lawyer with some case and is told that it has no merit can
then go to another lawyer who will argue that the case *does* have merit
and that the first lawyer discriminated against the client and since the
client is a member of one of society's "specially protected" classes,
.....


You are full of right-wing fantasies, aren't you ?


Don't read the papers much, do you?




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Now we'll just use some glue to hold things in place until the brads dry

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  #192   Report Post  
GregP
 
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On Thu, 13 Jan 2005 21:04:52 -0700, Mark & Juanita
wrote:


You are full of right-wing fantasies, aren't you ?


Don't read the papers much, do you?


National Enquirer is soooo passe these days.
  #193   Report Post  
Secret Squirrel
 
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Mark & Juanita wrote in
:

On Thu, 13 Jan 2005 12:03:41 -0600, Secret Squirrel
wrote:

"J. Clarke" wrote in
:

Edwin Pawlowski wrote:


"Andy Dingley" wrote in message
Don't blame
Monster for this, blame the unholy mess that is the US legal
system.

The suits are bad and wrong. But they're perfectly legal, and if
you don't have a court system that will reject them out of hand,
them Monster are just acting in a way that's being positively
encouraged.

It may be legal, but no one is forcing them to do anything that is
immoral. It is not the system of laws encouraging them, it is
unethical lawyers out looking to make a buck, how matter how.

Is it "unethical lawyers" or an unethical business owner abusing the
legal system? The lawyer is not forcing him to bring the suits you
know.

I once discussed this with a lawyer who was in his cups at the time,
and he was really rather irate about the whole situation. Seems
that because lawyers used to be selective about their clients and
deny minorities their services, the courts ruled that a lawyer could
be disbarred for turning down a case for any reason other than that
he simply was too swamped with work to take on another one. So
somebody comes along and says "I want to sue McDonalds because I
spilled my coffee" the lawyer can try to talk them out of it but if
they won't talk out of it then the lawyer pretty much has to take
the case, even if he doesn't want to.


That simply isn't true. They, like all businesses, may not
discriminate based on race, gender, religion etc. However they
certainly have the right to decline a client for any legitimate
reason. One perfectly legitimate reason is that a case has no merit.



ah, but the opinion of "no merit" can be subjective. Thus, a person
who


agreed, but you should (and I realize we're talking about lawyers here)
exercise some judgement in accepting cases. After all you only have so much
time to spend.


approaches a lawyer with some case and is told that it has no merit
can then go to another lawyer who will argue that the case *does* have
merit and that the first lawyer discriminated against the client and
since the client is a member of one of society's "specially protected"
classes, thus the original lawyer discriminated based upon r,g,r,etc.
If you were a lawyer knowing this scenario could occur, would you ever
turn away a client?


Absolutely, and it's not as unusual as it seems. I am not a lawyer,
but I am married to someone who is both a medical and legal professional.
She is employed by a law firm to evaluate the medical claims made by both
actual, and potential clients. They frequently, based on her analysis,
decline to accept clients based on the lack of merit of their cases.
Remember that these cases are typically taken on contingency. The attorney
has a reasonable expectation of recovery so he takes the risk. If he has no
reasonable expectation of recovery then he's just losing money for no good
reason.

Couple that with the fact that by shopping venues,
you can pretty much find a judge somewhere who will find for your
client, there is a very strong incentive to take cases and a very
strong dis-incentive not to.

... although the thought of a lawyer sueing another lawyer does have
some
appeal.




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Now we'll just use some glue to hold things in place until the brads
dry


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