Subpoena question

[Jeeebus]

Didn't you sue an IP address once?

Not that I recall. I've sent subpoenas to ISPs to identify users of particular IP addresses in a case that was already pending. I've informally helped a few people whose ISPs were sued in those illegal-download cases.

But I don't think I've ever sued an IP address before.

 

[highland145]

Not that I recall. I've sent subpoenas to ISPs to identify users of particular IP addresses in a case that was already pending. I've informally helped a few people whose ISPs were sued in those illegal-download cases.

But I don't think I've ever sued an IP address before.

I think that was it.

 

[Don Vito Corleone]

edit: how are you 'in the clear'? Statues of limitations, AFAIK, are for criminal prosecution. There's probably precedent for civil stuff, but I don't think there are any hard laws in place.

No, there are absolutely civil statutes of limitations, and as with criminal cases, they are jurisdictional (meaning that if you bust them for any reason, no matter what excuse you might have, you cannot pursue a claim). The only squishiness to them relates to the fact that in some instances the statute does not start to run until a triggering event has occurred which may be separate from the date the alleged wrong happened (e.g., in some states a medical malpractice claim brought for malpractice before patient turned 18 doesn't begin to run until she turns 18, and the statute on certain types of claims doesn't start to run until the plaintiff learns she has been wronged, which may be much later than the actual misconduct).

 

[Farang]

edit: how are you 'in the clear'? Statues of limitations, AFAIK, are for criminal prosecution. There's probably precedent for civil stuff, but I don't think there are any hard laws in place.

But, for a third or fourth time: laws are based upon the state. There's a reason lawyers generally want nothing to do with advising or pursuing a case outside their own state. I've had actual friends from out of state still pretty much refuse any advice...any question, even in casual discussion, is just met with 'well, I don't know the laws there...'

I talked with a couple of lawyers and read about my state's noncompete laws. One element they have to prove is that I am an urgent threat to their business. If they sent the letter 6 months ago and never followed up, that alone will probably get the case thrown out.

Other reasons why I'd probably win a case, but regardless I don't expect them to pursue it because they've significantly weakened their position by waiting so long. I'm also a small fish

 

[Texashiker]

I talked with a couple of lawyers and read about my state's noncompete laws.

Is washington a right to work state?

 

[Farang]

Is washington a right to work state?

no, we're super blue. no Republican governor for like 40 years. noncompetes are enforceable though under certain circumstances.

The company's noncompete was so ironclad, I'd say predatory, that this would also have worked against them apparently

 

[Texashiker]

no, we're super blue. no Republican governor for like 40 years

Bummer, because there have been some non-compete cases that have run afowl over the states right to work law.

There was a case with a software engineer in california who went to work for either google or microsoft after leaving a company and signing a non-compete contract.

When the company sued the guy, state law was brought up that it was a right to work state, and such contracts could not supersede state law.

I think the case was eventually dropped after the parties reached an agreement on trade secrets. The guy agreed not to work on certain projects where inside knowledge could have played a factor in his job role.

 

[Red Squirrel]

I always found the non compete and conflict of interest thing pure BS. What you do on your own time should not be your work place's concern. When you are not on your work place's clock then they should not be able to dictate what you can and cannot do.

 

[phucheneh]

No, there are absolutely civil statutes of limitations, and as with criminal cases, they are jurisdictional (meaning that if you bust them for any reason, no matter what excuse you might have, you cannot pursue a claim). The only squishiness to them relates to the fact that in some instances the statute does not start to run until a triggering event has occurred which may be separate from the date the alleged wrong happened (e.g., in some states a medical malpractice claim brought for malpractice before patient turned 18 doesn't begin to run until she turns 18, and the statute on certain types of claims doesn't start to run until the plaintiff learns she has been wronged, which may be much later than the actual misconduct).

Alrighty then. I guess I thought there were not because of how things are 'organized.' As in, with criminal stuff, statutes are based on the level of misdemeanor or felony offense, with perhaps a few exceptions for certain stuff (violent crimes).

Civil stuff is harder to categorize. Not as easy to group stuff into a type of offense, and assign a 'level' to said offense. If you went by monetary amount...people would just raise their demands.

 

[Fern]

Reading up on this a bit more I guess they could prove they tried hard enough but couldn't find me, and get a default judgment.

Yeah, that's how it works in my state. Civil suits are brought under state law, so everyone would need to check with their own state's law to determine the rules.

Fern