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Old 10-25-2005, 13:18   #46
Roguish Lawyer
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Quote:
Originally Posted by The Reaper
I have to say that after enjoying the hospitality of RL the other night and meeting his family (including the lovely Catwoman), that we here at PS.com appear to have cornered the market on the best legal minds in the country.

Most of the time, you can't even tell they are lawyers.

TR
Awwwwwwwwww, you just want more free booze.

LOL It was our pleasure.
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Old 10-25-2005, 13:54   #47
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I thought I replied. But oddly enough, I had purchased a GOOD bottle of Elijah Craig to warm up for Fridays festivities, and left the reply on "preview".

FRCP Rule 23(A)(1) "the class is so numerous that joinder of all members is impracticable". While I'm sure you and TR have lots of class, you are not numerous enough to be A class

Since a Class Action is basically a representative sample acting for others, and there are only two of you, this isn't a class action. It is a standard issue tort.

Now, if you were to identify a few hundred others victims...

Then there's the whole "matter of opinion" thing and lack of real damages... but down there in California you guys can 7 figures for Pain and Suffering and Mental Anguish claims
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Old 10-25-2005, 13:56   #48
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Quote:
Originally Posted by Bravo1-3
I thought I replied. But oddly enough, I had purchased a GOOD bottle of Elijah Craig to warm up for Fridays festivities, and left the reply on "preview".

FRCP Rule 23(A)(1) "the class is so numerous that joinder of all members is impracticable". While I'm sure you and TR have lots of class, you are not numerous enough to be A class

Since a Class Action is basically a representative sample acting for others, and there are only two of you, this isn't a class action. It is a standard issue tort.

Now, if you were to identify a few hundred others victims...

Then there's the whole "matter of opinion" thing and lack of real damages... but down there in California you guys can 7 figures for Pain and Suffering and Mental Anguish claims
Strike one!
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Old 10-25-2005, 14:04   #49
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Am I on the right rule?
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Old 10-25-2005, 14:16   #50
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Originally Posted by Bravo1-3
Am I on the right rule?
Do the best you can.
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Old 10-25-2005, 14:19   #51
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Originally Posted by Roguish Lawyer
Do the best you can.
LMAO!

Classic SF reply, from a lawyer.

TR
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De Oppresso Liber 01/20/2025
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Old 10-25-2005, 14:26   #52
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Is there a question of law or fact that needs to be resolved? I don't remember seeing Elijah Craig advertised as having either peppery or caramely notes, so it's unclear to me what they did to injure you merely by causing you to be disappointed...
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Old 10-25-2005, 14:46   #53
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Quote:
Originally Posted by jatx
Is there a question of law or fact that needs to be resolved? I don't remember seeing Elijah Craig advertised as having either peppery or caramely notes, so it's unclear to me what they did to injure you merely by causing you to be disappointed...
Is that your final answer?
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Old 10-25-2005, 14:48   #54
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Originally Posted by Roguish Lawyer
Is that your final answer?
My only answer, I'm not a lawyer!
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Old 10-25-2005, 14:49   #55
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Quote:
Originally Posted by jatx
My only answer, I'm not a lawyer!
That's obvious. LOL

You didn't answer the right question, but you are headed in the right direction, sort of.
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Old 10-25-2005, 14:53   #56
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Quote:
Originally Posted by Roguish Lawyer
That's obvious. LOL
Was it my lack of a prehensile tail that gave me away?
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Old 10-25-2005, 14:58   #57
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Okay, my second guess has to do with representativeness. I'm not sure what sort of group you and TR are representative of, but it's probably not the wider class of average bourbon drinkers. Your tastes are probably too refined, your standards too demanding.

Can I have a cookie?
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"Whatsoever thy hand findeth to do, do it with thy might; for there is no work, nor device, nor knowledge, nor wisdom, in the grave whither Thou goest." - Ecclesiastes 9:10

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Old 10-25-2005, 17:02   #58
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Quote:
Originally Posted by jatx
Okay, my second guess has to do with representativeness. I'm not sure what sort of group you and TR are representative of, but it's probably not the wider class of average bourbon drinkers. Your tastes are probably too refined, your standards too demanding.

Can I have a cookie?
Confer with vsvo and bravo1-3 and get back to me.
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Old 11-11-2005, 12:20   #59
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Maybe it would be a little hard to use the "Q" word, but have our law students given up?
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Old 11-11-2005, 13:11   #60
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Not me. I haven't heard from the guys, so I didn't want to impose in case they are working on it.
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