A legal question... Options

[Existentialist]

I've never been involved in a lawsuit, nor have I witnessed the trial for one before. Will Ed have to wear an orange jumpsuit and shackles for the duration of the trial? To me, it seems like a real possibility, but I honestly don't know. What do you guys think the odds are on that? 5 to 1? I don't know.

[jaybb]

Is this a serious question? This is a civil suit. There is no jail involved. He is either liable for the money or he isn't. End of story. If he is, there will be a judgement in place for the amount he is said to have owed (which can be collected voluntary or forcibly, via garnishments, etc). It is far more likely, though, that EK will settle for an undisclosed sum and neither party will be permitted to discuss the terms of the settlement.

[Pokey]

I've never been involved in a lawsuit, nor have I witnessed the trial for one before. Will Ed have to wear an orange jumpsuit and shackles for the duration of the trial? To me, it seems like a real possibility, but I honestly don't know. What do you guys think the odds are on that? 5 to 1? I don't know.

I'm pretty sure he'll be found liable to pay back money, however he has a back up plan for this. Instead of paying back CCP the money he'll offer them 1 free 5min personal phone call with him to the value of the money that he owes them (this is on speaker phone so they can all talk to him, not 3 individual phone calls, that would be at too much of a cost to Ed). It's basically as good as him paying them back!

[Existentialist]

LOL, I like the phone call idea. EK is a con artist, sociopath genius. Not too dissimilar from how our fed is trying to devalue the dollar against the yuan as rapidly as possible in a weak attempt to avoid the inevitable. But I digress. Seems like the odds on EK wearing an orange jumpsuit and shackles has gone from 5 to 1 to maybe 4 to 1 in light of Jaybb's comments. Anyone else have insight? I still am leaning towards yes.

[Bremang]

hahah given his lack of priors that I am aware of, even if Ed committed a crime like aggravated assault or armed robbery he might still make bail and wear a suit to court.

[Bremang]

I'm pretty sure he'll be found liable to pay back money,

I wouldn't bet on it. Ed is saying the statute of limitations has run and CCP have waived their right to pursue action through their course of dealing. Either of these, if true, would preclude any breach at this point. If someone would just check the court records we might have a better clue as to the outcome. Also, there seems to be an issue in regards to songwriting. I don't foresee who would have the advantage with that.

This post has been edited by Bremang: Apr 6 2011, 12:46 pm

[PurdueSteve]

LOL, I like the phone call idea. EK is a con artist, sociopath genius. Not too dissimilar from how our fed is trying to devalue the dollar against the yuan as rapidly as possible in a weak attempt to avoid the inevitable. But I digress. Seems like the odds on EK wearing an orange jumpsuit and shackles has gone from 5 to 1 to maybe 4 to 1 in light of Jaybb's comments. Anyone else have insight? I still am leaning towards yes.

He won't be in any orange jumpsuits. Jumpsuits are for those that are being held in jail while awaiting a trail for a criminal case. Many people awaiting trail for a criminal case post bail, and thus show up to court in civilian clothes.

Ed is (was) being sued, not by the state, but by other private parties making this a civil suit. Ed hasn't been accused of breaking a law (committing a crime) but rather or a breach of contract between private parties.

Ed won't be in any orange jumpsuits.

[OutToDry]

the attorney could prob lose his liscence (DL) if he's found negligent of breaking fiduciary trust, plus what he might have to pay back. But I seem to remember reading in the response, he doesn't practice law so it might be mute.

[Pokey]

I wouldn't bet on it.

I was playing along with Ex's post. shhh!

[PurdueSteve]

I wouldn't bet on it. Ed is saying the statute of limitations has run and CCP have waived their right to pursue action through their course of dealing. Either of these, if true, would preclude any breach at this point. If someone would just check the court records we might have a better clue as to the outcome. Also, there seems to be an issue in regards to songwriting. I don't foresee who would have the advantage with that.

I don't know what the statue of limitations (SOL) is for this case, but I do know that his actions could be deemed a repetitive breach of contract. For example:

Let's say you and I have a contract where we share rights to a work of art. You, nor I, can do anything with the art unless both agree. Let's also say that the SOL in the state for this particular type of contract is 5 years.

Now, 6 years ago I violated the contract and signed a deal with a third party to use the work of art without your permission. However, this arrangement, where I've breached our contract, has been using the work of art 6 years ago, 5 years ago, 4 years all the way up till last month.

Sure the initial breach has had the SOL run out, but actions since the initial breach have been in continuance of that initial breach and any under 5 years would fall within SOL.

I know I'm not crazy wherein I've seen cases like that.

[Existentialist]

These legal opinions are all hilarious! He will be in an orange jumpsuit and shackles, obviously.

[tiger]

These legal opinions are all hilarious! He will be in an orange jumpsuit and shackles, obviously.

Maybe he'll be sentenced to stoning with his pendants.

This post has been edited by tiger: Apr 6 2011, 1:55 pm

[Pokey]

These legal opinions are all hilarious! He will be in an orange jumpsuit and shackles, obviously.

He did write Ball & Chain!

[Merica]

He'll be attached to an infant's penis. EL OH FUCKING EL.

[Bremang]

the attorney could prob lose his liscence (DL) if he's found negligent of breaking fiduciary trust, plus what he might have to pay back. But I seem to remember reading in the response, he doesn't practice law so it might be mute.

and what are the odds that this guy is going to be so oblivious as to knowingly breach a contract, do you think he would not have provided for the idea that CCP would one day learn of the contract?