Rebel Heart Crew Suing.....

[tomfl]

Originally Posted by chubby

interesting thread on xerq...


cliff notes: rebel heart(faceman) is active in thread...and the crowd is not exactly as polite as here.
/maybe not SFW

I have to say the mods here do a better job than at that site.

On the other hand reading RH's posts there left me with the impression he has been using cheap drugs.

[GordMay]

Originally Posted by GordMay

The Kaufman’s layer, Dan Gillion, is quoted as saying that they are suing “Whenever Communications, LLC”, who do business as SatellitePhoneStore.com, out of San Diego, California, and Sarasota, Florida.

Whenever Communications, LLC's headquarters are located in Sarasota, FL.
Whenever Communications, LLC:
Was founded in 2003 and is Privately held.
Has $3.5 Million in estimated annual revenue.

[valhalla360]

Originally Posted by socaldmax

Would it make a difference to you if you found out that they were not asking for any money for themselves? According to the video, they are asking for the federal gov't to be reimbursed for the cost of the rescue. I discovered that while, surprise, watching the video.

Sure it would make a difference but they didn't say the same thing I said and they haven't followed thru on anything, so I'll believe it when I see it.

It's very easy to claim you only want to help others but we'll see. I'm still believing this is an attempt to intimidate the phone company into a settlement.

[Boatguy30]

Maybe they get a kickback from the lawyer and look like great guys for standing up for the taxpayer. Sounds like politics in his future.

[tomfl]

Originally Posted by GordMay

Whenever Communications, LLC's headquarters are located in Sarasota, FL.
Whenever Communications, LLC:
Was founded in 2003 and is Privately held.
Has $3.5 Million in estimated annual revenue.

Assuming 10% of the $US3,500,000 is profit a half million award would put the company out of business. Probably less with the bad PR from the suit.

Have to think even if RH wins it may be a pyrrhic victory.

[letsgetsailing3]

Originally Posted by valhalla360

It's very easy to claim you only want to help others but we'll see. I'm still believing this is an attempt to intimidate the phone company into a settlement.

That's 100% what this is. Going on the news with your lawyer the week BEFORE the lawsuit is filed? They're both publicizing it and trying to save the cost of filing fees.

Who knows what calculation the Sat phone company will make, but this is clearly a shake down.

Frankly, I'd like to see this play out in public.

For those who think this also doesn't cost anything, I'd like to point out that the cost of these lawsuits is reflected in business costs and business insurance rates, which are affected by the number and size of these kinds of suits. All the satellite phone companies face the threat of lawsuits from disgruntled customers.

So yes, the consumer ultimately pays the costs for these types of lawsuits.

[Dockhead]

Originally Posted by tomfl

Thanks for the leg work.

Have to wonder just how deep their pockets are.

As for jurisdiction here is a blurb from their web site

"Whenever Communications, LLC is incorporated and represented in Nevada. Any legal action, jurisidiction or notice should be conducted in that state, with a notification address of: SatellitePhoneStore.com
711 S. Carson St. #4,
Carson City, NV 89701

Alternatively, legal notices may be sent to our Sarasota Florida headquarters."

I doubt if their pockets are very deep, so if Eric's lawyers go hog wild and get a judgement exceeding their insurance limits, it might destroy the company.

As to the company's notice about jurisdiction -- this might mean that the company is amenable to personal jurisdiction in Nevada, but giving such a notice in no way limits the right of a plaintiff to sue in other courts, if there is otherwise proper jurisdiction and venue. Now we don't know what Eric's contract said -- that can be relevant.

It used to be the case that just putting products "into the stream of commerce" with at least "minimum contacts" with the state was enough of a basis for a plaintiff to get jursidiction in the state where the products were sold, even if the company has no office there and has no other connections with the state (that was the old International Shoe case we studied back when I was in law school). That was tightened up a few years ago in an important Supreme Court case, but it is still fairly straightforward, in most cases, to get jursidiction where the products (or services) were sold. So if Eric were living in California when he took out the sat phone contract, there is a good chance he might be able to haul the phone company into a California court, even if the phone company doesn't have any kind of office there. If they sell a lot of goods and services in California on a regular basis, that might well meet the test of "continuous and systematic affiliation with the forum" established in the Goodyear case. It's even easier in cases of Internet commerce, where e-commerce sites which are set up to handle orders from anywhere, generally subject the owners to personal jursidiction anywhere the website is used (the "Zippo" case).

[Dockhead]

Originally Posted by valhalla360

Sure it would make a difference but they didn't say the same thing I said and they haven't followed thru on anything, so I'll believe it when I see it.

It's very easy to claim you only want to help others but we'll see. I'm still believing this is an attempt to intimidate the phone company into a settlement.

Did Eric say that he only wants to recover the cost of the rescue? I doubt it.

[Dsanduril]

Given that Whenever Communications LLC/SatellitePhoneStore.com lists physical offices in Florida, California, and Alaska, and that Eric at least used to claim California as a residence (and probably did - speculation - at the time he bought the phone/service) it will probably be pretty easy for even a mediocre lawyer to shop venue and choose the most promising (which I agree with DH is probably CA).

[chubby]

Originally Posted by Dockhead

I doubt if their pockets are very deep, so if Eric's lawyers go hog wild and get a judgement exceeding their insurance limits, it might destroy the company.

....

might?
i think it will.


the bad pub alone just might do the trick...

3.5M isnt a DJ-30 type company...3.5 million in revenue is what that larger group dental office in your neighborhood might be doing each year.

i dont think the company survives if this lawsuit isnt thrown out.
which means it is unlikely rebel heart ever sees a payday from them

[maj75]

Originally Posted by maj75

I am a retired maritime attorney and could tell you how this will end, but I'd rather watch amateur lawyers debate this indefinitely.

SeaTow thread anyone

Should have been How this will end. Typing too fast and no edit ability. I never had to type my briefs. Unfortunately they don't let you keep your secretary when you retire

[tomfl]

Originally Posted by chubby

SNIP

i dont think the company survives if this lawsuit isnt thrown out.


SNIP

I don't think the company survives.

[letsgetsailing3]

Originally Posted by Dockhead

Did Eric say that he only wants to recover the cost of the rescue? I doubt it.

He also mentioned that they lost their home, so it's pretty clear that this part would be recovered first.

[Dockhead]

Originally Posted by chubby

might?
i think it will.


the bad pub alone just might do the trick...

3.5M isnt a DJ-30 type company...3.5 million in revenue is what that larger group dental office in your neighborhood might be doing each year.

i dont think the company survives if this lawsuit isnt thrown out.
which means it is unlikely rebel heart ever sees a payday from them

Depends on their insurance. Don't forget about that.

Most cases like this are really all about insurance.

[Matt sachs]

Originally Posted by maj75

Should have been How this will end. Typing too fast and no edit ability. I never had to type my briefs. Unfortunately they don't let you keep your secretary when you retire

Ya, I think you have to marry them in order to keep them after retirment..LOL