Quote from: CRKrueger;624946Good to know, however did you check to see if that's worth anything considering this case would be international?

I did, so I put a choice of law provision in the contract specifying North Carolina. That doesn't make things easy, but it certainly makes them easier.

Quote from: amacris;624887Even if we had the IP and published "a" Dwimmermount, Backers could (in theory) sue us because what we published wouldn't "James Mal's Dwimmermount".

Given a draft of the material exists, I think that would have been an exceedingly hard suit as the line between editing it and completing it is very grey.

Quote from: Spinachcat;625009There is no case. Its just 50k which in legal circles is called no money. Add another zero before it even slightly begins to matter.

Bullshit.  As an attorney with 18 years experience, you sir are full of shit.  $50K is a pretty common number to sue over.  Heck, $20K is a pretty common number to sue over.

Quote from: Settembrini;625075I wish to apologize for all Baltimorians. I was not implying that would be anyhting bad!

I just made a list of what FACTS we know.

Re guy who said sth about usefulness and lollipops:

As it happens there are a sufficient amount of people who enjoy the taste of my dick.
So such a lollipo might not be useless at all.

On a more general note, homophobia as seen (what is up with the kent-hate?) on YDIS is sickening to me.

Why is it more damnable to suck cocks compared to a moocher sitting at home writing pompous stuff about D&D while the rest of the family is doing their duty?\

Are you high?

Serious question - what was the level of your intoxication while you posted that, with a 1 being totally sober, and a 10 being unconscious and drooling?

Quote from: Mistwell;625234Are you high?

a high percentage of what he posts is off the meds stuff like that.

Quote from: Mistwell;625230Bullshit.  As an attorney with 18 years experience, you sir are full of shit.  $50K is a pretty common number to sue over.  Heck, $20K is a pretty common number to sue over.

Are you volunteering to take the case?

Quote from: Mistwell;625234Are you high?

Serious question - what was the level of your intoxication while you posted that, with a 1 being totally sober, and a 10 being unconscious and drooling?

I have met Settembrini personally a few years ago, and on the intoxication scale, I rate him a 0.5 [Prussian]. He did introduce me to some very odd kinds of beer, however.

Quote from: misterguignol;625239Are you volunteering to take the case?

No, my practice these days is down to just transactions and contracts drafting, unless it's a close personal friend or family member.  But, if a person comes in the door to most general litigation firms and has a $50K case that looks good, they'll take it.  $50K is a perfectly fine number for a case.

Quote from: Melan;625243I have met Settembrini personally a few years ago, and on the intoxication scale, I rate him a 0.5 [Prussian]. He did introduce me to some very odd kinds of beer, however.

Prussian Polish, Prussian German, Prussian Lithuanian or Latvian or Estonian? Prussian Ukrainian? What sort of Prussian?

Quote from: Mistwell;625260Prussian Polish, Prussian German, Prussian Lithuanian or Latvian or Estonian? Prussian Ukrainian? What sort of Prussian?

Prussian Supremacist.

Quote from: J Arcane;625270Prussian Supremacist.

So Polish then.

Quote from: Mistwell;625257No, my practice these days is down to just transactions and contracts drafting, unless it's a close personal friend or family member.  But, if a person comes in the door to most general litigation firms and has a $50K case that looks good, they'll take it.  $50K is a perfectly fine number for a case.

I had lent $20,000 to someone with a lien against their duplex, and a contract that they would pay me back that money, as well as all rental income every month until 2 years later.  It was around $35,000 total.  When he defaulted (and the duplex was foreclosed on and sold at auction and I didn't get a penny (2nd lien position), I was advised by more than one lawyer to not bother suing, because it would cost me between $3000-$5000 just in fees, and I'd probably never see the money.

With regard to whether or not to sue, four key variables are:
(a) How much is at stake
(b) What's the likelihood of winning
(c) How much it will cost to win
(d) How much of what's at stake is recoverable

(a) and (b) are the obvious ones that people focus on. "He owes me $50,000 and I can prove it!"

(c) can vary widely so you need an expert opinion. Is the defendant in another state? Another country? Is the defendant going to have counsel of his own that will fight an attritional legal battle? Is it a well-understood area of law with clear guidelines? All can drive up cost.

(d) is what most people totally overlook unless they are practicing attorneys. If you go after a corporate entity, you are limited to recovering corporate assets. If you go after a person, they have unlimited liability, but they can declare bankruptcy and protect their most vital, valuable assets against you. With few assets and available bankruptcy protection, many people end up what's called "judgment proof": No one would ever both to sue them.

Generally the extent to which you are "judgment proof" rises proportionately to the cost it would take to win and the amount that's at stake. If it would cost someone $100,000 to win a $5MM law suit against me, it'd be a waste of their time, because I don't have $100,000 worth of assets. On the other hand, it might be worth my neighbor suing me in small claims court and spending $500 to get $5000.

So would it be worth an attorney's time to sue Autarch for $50,000? Not likely. We don't have the money. Would it be worth an attorney's time to sue WOTC for $50,000? Sure.

Would it be worth an attorney's time to sue James Mal for $50,000? Almost certainly not, unless James has wealth far in excess of the average American squirreled away (and I don't have any reason to think that).

Quote from: amacris;625286With regard to whether or not to sue, four key variables are:
(a) How much is at stake
(b) What's the likelihood of winning
(c) How much it will cost to win
(d) How much of what's at stake is recoverable

(a) and (b) are the obvious ones that people focus on. "He owes me $50,000 and I can prove it!"

(c) can vary widely so you need an expert opinion. Is the defendant in another state? Another country? Is the defendant going to have counsel of his own that will fight an attritional legal battle? Is it a well-understood area of law with clear guidelines? All can drive up cost.

(d) is what most people totally overlook unless they are practicing attorneys. If you go after a corporate entity, you are limited to recovering corporate assets. If you go after a person, they have unlimited liability, but they can declare bankruptcy and protect their most vital, valuable assets against you. With few assets and available bankruptcy protection, many people end up what's called "judgment proof": No one would ever both to sue them.

Generally the extent to which you are "judgment proof" rises proportionately to the cost it would take to win and the amount that's at stake. If it would cost someone $100,000 to win a $5MM law suit against me, it'd be a waste of their time, because I don't have $100,000 worth of assets. On the other hand, it might be worth my neighbor suing me in small claims court and spending $500 to get $5000.

So would it be worth an attorney's time to sue Autarch for $50,000? Not likely. We don't have the money. Would it be worth an attorney's time to sue WOTC for $50,000? Sure.

Would it be worth an attorney's time to sue James Mal for $50,000? Almost certainly not, unless James has wealth far in excess of the average American squirreled away (and I don't have any reason to think that).

And whether we like the way things are going or not, it remains possible that Dwimmermount will still get finished as expected.  I have seen some very old projects in the academic world suddenly spring to life and bloom.

I am not necessarily betting, but I have seen far more unlikely recoveries.  Sometimes it can actually improve the product since, when you look at your own work with "stranger's eyes", you can actually be a surprisingly good editor.

Quote from: Sacrosanct;625282I had lent $20,000 to someone with a lien against their duplex, and a contract that they would pay me back that money, as well as all rental income every month until 2 years later.  It was around $35,000 total.  When he defaulted (and the duplex was foreclosed on and sold at auction and I didn't get a penny (2nd lien position), I was advised by more than one lawyer to not bother suing, because it would cost me between $3000-$5000 just in fees, and I'd probably never see the money.

So it would cost you 10% to 15% or so of the money, which is quite fair (contingency is 35% to 50%).  Risk of defendant bankruptcy would be the only real issue there.  Otherwise, I cannot think of why they would not happily take your money.  Though, 99% of the time, once you dig into stories, they're never quite as good as the client thinks they are when they first walk in the door.