misc.legal.moderated Google Group

Re: selling what's not for resale

dougmccr...@spamcop.net (Doug McCrary) — Wed, 16 Dec 2009 07:53:44 UT

news:4YgVm.141255$Td3.135426@en-nntp-01.dc1.easynews.com...
<snip>
As someone who actually got some of those records, I'd say yes.
But as a practical matter, would they care? Probably not (enough).

Re: selling what's not for resale

bg...@nyx.net (Barry Gold) — Tue, 15 Dec 2009 07:22:35 UT

In article <202dfa15-dd02-4922-90f5-faecd 2901...@m11g2000vbo.googlegrou ps.com>,
Actually, the chances are it will work! The ATA committee has done an
amazing job of maintaining backward compatibility. You can take an
ancient ATA-1 (EIA) disk and plug it into most modern machines, and
the driver will recognize it and use it. It'll be slow by today's

Re: Paying medical expenses for relative receiving assistance

c.p...@yahoo.com (Cy Pres) — Wed, 16 Dec 2009 00:35:14 UT

On Sun, 13 Dec 2009 22:05:42 -0800 (PST), phillysleuth
[Rather complex fact pattern involving elderly Medicare beneficiary
who does not want to lose benefits by accepting proceeds of a life
insurance policy which was, in fact, paid out to her sister-in-law.]
You really need to talk to an elder law specialist, maybe at legal aid

Re: selling what's not for resale

im_gu...@hotmail.com (grendal) — Mon, 14 Dec 2009 13:21:47 UT

This is totally different.
What you are now saying is that the person was given a gift of a
commemorative edition of the software that was for resale.
I don't think that the company could stop him/her from selling it on e-
bay, however the company would not be responsible to honor any
warranty due to the resale. Or that the purchaser would be entitled to

Re: Paying medical expenses for relative receiving assistance

bg...@nyx.net (Barry Gold) — Tue, 15 Dec 2009 15:14:42 UT

[Widow qualifies for federal assistance with her Medicare payments;
she needs two surgeries and her health is not good. Widow & her
sister are worried that they are violating the law.]
Okay, FIRST OF ALL: any informaiton you get here is only worth what
you pay for it.
THIS IS REALLY IMPORTANT, and it's a complicated area of law.

Re: Paying medical expenses for relative receiving assistance

stanle...@hotmail.com (Stan K) — Mon, 14 Dec 2009 19:59:14 UT

First, I am not a lawyer and I don't play one on TV. What I'm going
to say is based on my own experience in dealing with a relative's last
few years. The best thing you can do is see a lawyer who specializes
in law regarding the elderly; in FL, they shouldn't be too hard to
find.
Offhand, I see nothing about the beneficiary change being part of

MODERATOR REMINDER: Header-munging policy

e...@panix.com (Mark Eckenwiler) — Tue, 15 Dec 2009 01:43:08 UT

This is a reminder about the misc.legal.moderated policy on
submissions containing munged headers such as
From: b...@willy.NOSPAMloman.org
1. Posters are free to munge headers (leaving aside forgeries in the
name of an actual third party). Spammers harvest mail addresses from
Usenet, unfortunately, and munging headers is one way to escape their

Re: Paying medical expenses for relative receiving assistance

m...@privacy.net — Tue, 15 Dec 2009 13:02:11 UT

On Sun, 13 Dec 2009 22:05:42 -0800 (PST), phillysleuth
Well if she is receiving Medicare, Medicaid is a totally different
program, and Social Security Retirement. No matter what assets or other
income she has it will not affect her benefits at all. If she does receive
Medicaid benefits from the State all she has to do is report any income or

Re: Liability of Insurance company?

mjacobs...@gmail.com (Mike Jacobs) — Mon, 14 Dec 2009 18:26:16 UT

<snip>
Pretty much, yes, that's so. But such a factual riposte by a
defendant would not be relevant on a motion to dismiss - since, on a
motion to dismiss, the court must _assume_ the truth of all the well-
pleaded allegations of the complaint, and of all permissible
inferences therefrom in the light most favorable to plaintiff.

Re: Liability of Insurance company?

im_gu...@hotmail.com (grendal) — Mon, 14 Dec 2009 13:15:36 UT

Sorry to interject but the case is in IL . Insurance laws are governed
state by state and NY has some strange laws on the books.
The insurance company does pay their claims. According to industry
trackers, XXXXXXXXX has been the #1 insurance carrier of their type
for the past 7+ years. I raise this because this isn't a case where

Re: Hot Coffee - McDonalds

bon...@host122.r-bonomi.com (Robert Bonomi) — Wed, 16 Dec 2009 00:30:38 UT

If I were counsel for defendant, I would seriously consider removing the
case to the regular courts -- with the specific intent of requesting
sanctions against the plaintiff. Anything from 'vexatious litigant'
status, to a counter-suit for costs.

Re: Hot Coffee - McDonalds

silence_dog...@angelic.com (Silence DoGood) — Tue, 15 Dec 2009 20:30:56 UT

On Dec 12, 9:50 am, "Stuart A. Bronstein" <spamt...@lexregia.com>
wrote:
Has anyone ever done a survey to find out how many people now in jail,
or paying off judgments, were told by their friends or lawyers that
what they were doing was "perfectly legal"?
Something not mentioned is that most places have other postings in

Re: Hot Coffee - McDonalds

silence_dog...@angelic.com (Silence DoGood) — Tue, 15 Dec 2009 20:04:10 UT

I think this is where the anti-discrimination laws come in which were
needed because of the cases where all the "just for you" was for white
people.
We should note that if they advertise $12 and offer to sell to you for
$6, I suspect you can press your right to pay $12.00.

Re: Hot Coffee - McDonalds

c.p...@yahoo.com (Cy Pres) — Mon, 14 Dec 2009 21:10:26 UT

On Mon, 14 Dec 2009 00:40:03 +0000 (UTC), se...@panix.com (Seth)
wrote:
[getting charged more than the menu says]
Yes. Once the guy on the other side of the contract acts as if it has
been formed and begins performance, which consists, mainly, of
delivering the goods, which being food, are to be consumed immediately

Re: Hot Coffee - McDonalds

se...@panix.com (Seth) — Mon, 14 Dec 2009 20:21:48 UT

In article <03090795-f00b-43d8-88c9-873d5 e738...@s20g2000yqd.googlegrou ps.com>,
How much?
[link]
"Do you guys do take out?" "No. Get in line."
[link]
Take-out: No
Seth