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I fought Equifax's lawyers in court and won: Part 2

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Re: I fought Equifax's lawyers in court and won: Part 2

#61

Here is the HN discussion to Part 1 https://news.ycombinator.com/item?id=16217241 Pretty surprised how much Equifax spent trying to win this case. I'm sure they're doing it to dissuade others from suing them as well but after reading this I really want to sue myself. I wonder if they'll appeal the verdict again.

These scummy corps do it all the time. A critical illness insurance co. tried to not pay my mom because they had their own technical definition of a heart attack. She sold herself the policy, and didn't even know this. In fact, it was subsequently ruled illegal and new policies couldn't use this definition. But they flew in lawyers to her small town, so she had to go to small claims court while recovering from a heart attack. All to try and avoid paying about 20k. She settled for most of it, in the end.

Re: I fought Equifax's lawyers in court and won: Part 2

#62
post #39

Earlier quoted context omitted.

Wonder why there aren't class action law suits against banks and other companies that lie to the credit bureaus about people defaulting on loans? It is not "identify theft" that is the problem, it is banks libeling people and the credit bureaus passing the libel along. You loaned money to someone and didn't even have their correct identifying information. Well that's a bit of a problem for you. You say that the fraud…

It is because these shenanigans are perfectly legitimatized. I recently read "A Man for All Markets" by Edward O. Thorp and it opened my eyes to the level of corruption practiced by Financial Institutions. I find India incredibly corrupt but now I think America is not far behind. Only reason financial crimes in America does not come to light is because they are legitimatized by completely twisting the Laws to favor t…

This is how limited liability corporations work. They have been around since 1811 and used/abused by everyone in business. Maybe there should be some better regulation or limitations on this form of organizing groups of people but what Trump has done is not unusual for someone with his amount of assets. Trump is par for the course.

Looking in more detail, it seems his companies have gone bankrupt 6 times[1] but he currently controls more than 500 companies[2] (Which is a bit strange. I would think he should have a lot more bankrupt companies if he is controlling 500 at the moment.) Maybe he is a better than average business man after all.

[1] http://www.politifact.com/truth-o-meter/statements/2016/jun/... [2]https://en.wikipedia.org/wiki/The_Trump_Organization

Re: I fought Equifax's lawyers in court and won: Part 2

#63

Earlier quoted context omitted.

Undoubtedly not. This would be a non-precedential decision. You could mention it in another case but the judge would have no obligation to follow it. Also, your facts are going to be different, which further complicates things.

Could you elaborate? The author himself mention caselaw that he used as reference. If a resident from the same court jurisdiction with the same circumstances(Equifax data breach victim) why would the facts be different beside the identify of the plaintiff?

There is binding precedent (which must be followed), persuasive precedent (which a judge may choose to follow but need not), and non-precedential opinions (which are not supposed to be cited).

Binding precedent typically comes from a court to which an appeal would lie. So if the US Supreme Court were to decide (for example) that Uber drivers are actually employees for the purpose of federal labor law and tax withholding, then that precedent would be binding on all Federal Circuit Courts of Appeal, and also all Federal District Courts.

This same precedent would be only persuasive authority if cited in a state court proceeding regarding whether Uber drivers can claim state-mandated benefits conferred to employees (because the test for "what constitutes an employee" for the purpose of the state law could be different than the federal definition.

But some opinions are designated as non-precedential or non-published. These are still "published" in the sense that you can find them in legal research databases, but they shouldn't typically be cited in future cases. I don't know the rules for the jurisdiction where this case took place, but I would be surprised if small claims cases decided by pro tem judges (who are neither appointed nor elected) were considered precedential.

Of course, you could always mention this case if you're fighting a similar case in small claims court (where procedural rules are relaxed). But don't expect a judge to follow the prior decision, even if your facts are pretty close to his facts.

> why would the facts be different beside the identify of the plaintiff?

Because the number of phone calls and other facts would vary from person to person. The legal issues could be the same, but the facts would differ in every case.

Background: I used to be a corporate lawyer, but I did not specialize in litigation.

Re: I fought Equifax's lawyers in court and won: Part 2

#64

Earlier quoted context omitted.

If that is the case then why business owners should be compensated handsomely when they succeed? while they reap the benefits of success ,failure should be owned by society? I am not saying personal financial position should be destroyed but if you are a multimillionaire already why your failures should be outsourced to society? And as far as growth is concerned, what's wrong with growing slowly? Cancer too is growth…

I would argue that being a multimillionaire doesn't actually count as failing.

https://www.washingtonpost.com/politics/2016/live-updates/ge...

According to this Washington Post article, he filed for Chapter 11 a number of times. You argue that being super rich doesn’t count as failing, quite from the article “Trump Hotels and Casinos Resorts filed for bankruptcy again in 2004, after accruing about $1.8 billion in debt.“, which sounds like a failure to me. Trump seems to be good at wiping out other people’s money while protecting his own.

Re: I fought Equifax's lawyers in court and won: Part 2

#65
post #27
post #5

I'm as glad as anyone else to see Equifax getting what's due to them, but is anyone else bothered by the surreal quality to this story? It sounds like the rules and procedures being applied were vastly different than what Equifax's highly paid lawyer expected. Is their $1000-an-hour lawyer just incompetent, or is the pro tem judge here allowed to make up the rules as she goes along?

> Is their $1000-an-hour lawyer just incompetent, or is the pro tem judge here allowed to make up the rules as she goes along? Neither. It's just typical corporate lawyer arrogance in trying to bully and bluff someone into submission. It really only works on complete amateurs. Given this guy is running a company whose sole purpose is to finance claims against Equifax, he knows how to deal with them. All in all,I'd sa…

I think the attorney might well have been trying to bluff the judge, too.

Re: I fought Equifax's lawyers in court and won: Part 2

#66

Earlier quoted context omitted.

It is because these shenanigans are perfectly legitimatized. I recently read "A Man for All Markets" by Edward O. Thorp and it opened my eyes to the level of corruption practiced by Financial Institutions. I find India incredibly corrupt but now I think America is not far behind. Only reason financial crimes in America does not come to light is because they are legitimatized by completely twisting the Laws to favor t…

That is because President Trump didn't declare personal bankruptcy. His corporations did.

That is called Financial Shenanigans. When his corporation succeeds he wins, when it fails society loses. Great Plan I would say.

And he did not fail trying to cure cancer he was trying to run casino and resort businesses.

Re: I fought Equifax's lawyers in court and won: Part 2

#67

Earlier quoted context omitted.

That is because President Trump didn't declare personal bankruptcy. His corporations did.

That is called Financial Shenanigans. When his corporation succeeds he wins, when it fails society loses. Great Plan I would say. And he did not fail trying to cure cancer he was trying to run casino and resort businesses.

He didn't create the system. He was just smart enough to take advantage of it.

Re: I fought Equifax's lawyers in court and won: Part 2

#68

Earlier quoted context omitted.

I would argue that being a multimillionaire doesn't actually count as failing.

https://www.washingtonpost.com/politics/2016/live-updates/ge... According to this Washington Post article, he filed for Chapter 11 a number of times. You argue that being super rich doesn’t count as failing, quite from the article “Trump Hotels and Casinos Resorts filed for bankruptcy again in 2004, after accruing about $1.8 billion in debt.“ , which sounds like a failure to me. Trump seems to be good at wiping out o…

Actually, you mis-read that. His companies filed for bankruptcy, not himself personally. I don't count that as the guy failing.

Re: I fought Equifax's lawyers in court and won: Part 2

#69

Earlier quoted context omitted.

https://www.washingtonpost.com/politics/2016/live-updates/ge... According to this Washington Post article, he filed for Chapter 11 a number of times. You argue that being super rich doesn’t count as failing, quite from the article “Trump Hotels and Casinos Resorts filed for bankruptcy again in 2004, after accruing about $1.8 billion in debt.“ , which sounds like a failure to me. Trump seems to be good at wiping out o…

Actually, you mis-read that. His companies filed for bankruptcy, not himself personally. I don't count that as the guy failing.

Lets say that you own stock in a company that goes bankrupt. Sears, for example. Does that qualify you as a failure? Besides, I would wager that President Trump owned a lot more successful companies than failed companies.

Re: I fought Equifax's lawyers in court and won: Part 2

#70

Earlier quoted context omitted.

Actually, you mis-read that. His companies filed for bankruptcy, not himself personally. I don't count that as the guy failing.

Lets say that you own stock in a company that goes bankrupt. Sears, for example. Does that qualify you as a failure? Besides, I would wager that President Trump owned a lot more successful companies than failed companies.

It not that simple. Excerpt from New York times sheds some light onto his morality and what he actually did [1]. I have used him as an example only. My point is that corporate world is filled with many such examples much more sinister than Trump.

> The New York Times, which conducted an analysis of regulatory reviews, court records and security filings, found otherwise, however. It reported in 2016 that Trump "put up little of his own money, shifted personal debts to the casinos and collected millions of dollars in salary, bonuses and other payments."

"The burden of his failures," according to the newspaper, "fell on investors and others who had bet on his business acumen."

[1] https://www.thoughtco.com/donald-trump-business-bankruptcies...

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