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Another day, another blogger weighs in on the iPod dispute...

 I found this in the comments section that I thought was interesting...

Apparently there are two young teenagers, each acting their age, i.e. irresponsibly, and based on what little factual knowledge I have of the events at least one set of parents I would not wish as a role model for my own kids.

Assuming BH is who he or she claims, if you had invoked legal counsel and assuming counsel had encouraged you to file suit in the first place, the very first thing you would have been told is to <not discuss> and not make public statements about ongoing litigation unless such statements are prepared for or vetted by counsel.

I am not lawyer and haven’t even played one on T.V. - I did play myself on T.V. once, but that’s another story. Having said, in a lawsuit there are issues of fact and issues of law to decide; while I have no clue about a small claims court, in a civil trial issues of fact are otherwise decided by a jury and issues of law by a judge. I can’t speak to either of these, but there is a third component - when filing suit, you have to ask for a specific relief.

By refusing to accept the gift of a new iPod and iTunes certificate (and I’m not convinced that you can’t get these titles back at the cost of contacting Apple’s customer support in the worst case), you seem to have waived any entitlement to monetary relief. What you are after is to punish the other party above and in excess of recovering the replacement value of the articles lost and your public statements of are conceivably sufficient to countersue you for harrassment, abuse of the court system, and causing mental anguish.

If this case were in front of me, I’d be predisposed to dismiss it with prejudice and stick you with the cost…

Source: link here

 

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Posted on September 10, 2006 15:30

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