As I understand it, shorts and puts are matters of contract, while stock is either property or evidence of property.
Anyone following what is happening with GameStop stock? Absolutely insane
- Thread starter Noodle
- Start date
Some good news
www.google.com
College student Hunter Kahn uses GameStop stock earnings to buy video games for children's hospital | 6abc.com
After%20making%20thousands%20off%20GameStop%20stock%20last%20week%2C%2020-year-old%20college%20student%20Hunter%20Kahn%20used%20his%20newfound%20riches%20to%20pay%20it%20forward%2C%20donating%20multiple%20Nintendo%20Switch%20consoles%20and%20games%20to%20Children's%20Minnesota%20Hospital%20in%20M...
Serious question - can Redditors also be held liable for this? I realize they are not the target of this specific lawsuit, but wasn't sure if there would be any legal standing for a case to be heard.
I don't even see how Robinhood could possibly have liability for this young man's suicide, let alone Redditors.
Here's a non-paywalled story about the tragedy.
Parents sue Robinhood after son killed himself thinking he owed $730k
The parents of Alex Kearns, 20, who killed himself last year after seeing a negative balance of $730K in his Robinhood account are now suing the company for wrongful death.
Heart-rending tragedy. When you think of the elements of a wrongful death claim it’s a bit of a stretch, but not totally. It’s worth filing. It wouldn’t surprise me to see the parents get a settlement.Here's a non-paywalled story about the tragedy.
Parents sue Robinhood after son killed himself thinking he owed $730k
The parents of Alex Kearns, 20, who killed himself last year after seeing a negative balance of $730K in his Robinhood account are now suing the company for wrongful death.www.dailymail.co.uk
It is completely frivolous. The instances in which someone can be liable for another person's suicide are very limited, and generally require a special relationship (e.g., doctor-patient, school-bullied student), knowledge that someone was suicidal along with some other action, actively encouraging another's suicide, etc. None of that is present in this case.
I don't know what that specific state's law is as it relates to suicide; but totally agree with you re (duty/foreseeability/etc.). That said, given the public nature of this case, I still bet the parents get a confidential settlement. And I will guarantee you no lawyer will be cited for filing it on some frivolity standard.
They could be negligent in their user experience and design which gave rise to the kid believing he suffered enormous financial loss. Questions could be asked as how it was even feasible for a beginner like this kid to take on significant financial debt at his young age. Robinhood's letting kids have access to huge, inconceivably large amounts of capital. This reckless and irresponsible user experience on their platform gave rise to alex's death. spitballing but i again would bet dollars to doughnuts that if the parents are reasonable they'll get a settlement out of this case and maybe some change to how outfits like this operate.
Edit: This stuff interests me so I looked up an LA firm where it's pending:
HOW ARE SUICIDE-BASED WRONGFUL DEATH CLAIMS HANDLED BY CALIFORNIA COURTS?
Given the severity of allegations (if you believe that the defendant’s negligence, action or inaction, was a substantial factor that caused the suicide of your loved one), you will have to go to civil court with a rather heavy burden of proof. That is why it is highly advised to be legally represented by a Los Angeles wrongful death attorney from the Kristensen LLP who would help you determine liability and collect evidence of the defendant’s fault.
Normally, California courts take into account certain factors when determining whether or not the defendant is responsible for causing someone else’s suicide. These factors include but are not limited to:
Was the defendant’s negligence, recklessness, intentional act, actions or omission to act a substantial factor in the deceased’s suicide? Was it reasonably foreseeable for the defendant to expect the deceased person to commit suicide (and thus, could the defendant prevent it?)?Did the defendant have any reason to believe that the deceased person had suicidal tendencies (had hinted he/she would commit suicide, attempted suicide in the past, etc.)?How much time passed between the defendant’s act or behavior and the act of suicide?
These and many other factors are considered by Los Angeles and California courts when it comes to handling suicide-based wrongful death claims. Let our best wrongful death attorneys in Los Angeles help you collect sufficient evidence and prepare a strong case in court.
So I'm with you it's a super heavy burden but I suspect the plaintiff's lawyer will squeeze some dough out of it.
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You used google to backup your post??? And then regurgitated irrelevant stuff from a PI firm? Good grief. It’s a frivolous suit. Period. Will the attorney be sanctioned? Probably not. Will it survive a motion to dismiss or summary judgment? No.
A motion to dismiss? Really? That’s only for pleading infirmities with leave to amend liberally granted. SJ probably since whether a duty exists is a question of law for the judge. Regardless the facts are likely a matter of first impression for the judge. It won’t get dismissed on a Mtd and you can depose a shit ton of people and propound a hell of a lot of aggravating discovery before sj. All increasing the likelihood of a settlement.
I guarantee you more decent pi lawyers than not can broker a settlement with a dead kid, these facts, and that defendant with all the noise surrounding them. Of course it’s a heavy burden given duty/foreseeability but that’s not all there is to personal injury lit. That you, joe public, now know about this case IS part of the case, every bit as much as duty or causation.
If plaintiffs lawyers only filed cases that perfectly matched the elements of a claim they’d starve. I guarantee you this old lawyer will get a settlement out of this case. Who knows what his angle is at this point. We won’t know the terms but he’ll get a settlement. And it won’t be nuisance value; even though it’s a shit case (if you look at it solely from a pleading standpoint).
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You’re delusional. You going to argue that the kid’s family can make a plausible case for relief (a claim that is plausible on its face)? No way.
And no way will Robinhood or it’s insurer cave on this. They can’t. And this kid’s family is being taken advantage of.
For SJ? No. For Mtd very possible. You can plead anything to fit. And who knows what the judge is like. He might want to let them do some discovery. Hell he can defer ruling on the Mtd. All kinds of shit happens.
If the settlement is confidential no one will know. In states I’ve practiced personal injury law wrongful death settlements require a hearing but even that can be sealed. That lawyer graduated from UCLA in 74. This ain’t his first rodeo. He knows he has no chance at making it all the way to trial, but he can cause a ton of grief along the way.
My business partner and I settled a case last week for $33k. Our damages were a penny. One cent. We opened another bank account for our business with one penny then forgot about it. I finally was looking at mail and saw we had $500 in overdraft charges and the bank closed our account. They were charging a service analysis charge. We weren’t advised of that. I went by the bank, complained and the manager pissed me off.
We filed suit. A class action. Had no clue if it was a class action but we knew that’d worry and aggravate them. We survived Mtd on our bogus claim and their assertion that they advised all new customers of this service analysis charge and we just got a rogue employee who didn’t. After very limited discovery they offered us $33,000 and to reinstate our account if we dropped the case. So on a case that wouldn’t have ever made it to certification much less trial we got $33k last week on a penny in damages.
There’s more than pleadings at play in this stuff. I doubt robin hood wants two years of articles and publicity involving this kid. In our bank case the bank didn’t want to run the risk of a goofy order requiring them to send notices to all their customers. So they paid to make it go away.
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Haha what a joke. You couldn’t hold my nuts in small claims court clown. You don’t litigate. Who are you kidding. You’re a transactional lawyer in nowhere Ohio. A 3.2 lawyer. A nerd. Nerds representing other mean little nerds. The day after I graduated law school I was practicing tobacco litigation with bob montgomery and jack scarola. Wtf were you doing.
I was the plaintiff in this case dumbass. The business owner. The lawyers who filed did so as a class action. If the bank didn’t think there was some exposure they wouldn’t have paid. The bogus claim is the pleading game to get to discovery. It’s a placeholder so you have the opportunity to do discovery. All litigators do that. But you wouldn’t know that. Because you’re a 3.2 lawyer. Not a litigator. A nerd. Just like you act like you were some great athlete. A freaking high school athlete. Who gives a shit. A 3.2 lawyer and a high school athlete. Your credentials far fall below your arrogance. Don’t go attacking me for giving an opinion you nerdy little shit. I’d have run circles around you in any court room or athletic field. High school swimmer. Lol F off.
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There has to be a joke here. Two lawyers arguing about penis size. Both have small briefs... I dont know... Its there some where.
One of the things I agreed with COH on was that trial lawyers can often bring attention to predatory or unfair practices (or gross negligence, etc) in a more efficient way than legislation. Let's face it, some politicians are bought and paid for by corporate interests (channeling IGW) and are, well, reluctant to push change. It's likely that while McM certainly took advantage of a situation (I'm sure the $500 wasn't going to kill him) the bank was charging these superfluous fees to far more folks/businesses than just him. Would be interesting to know if they changed the practice or modified it in some way.
As to the Robinhood case - I would agree they will offer a settlement. I would also agree with Noodle that it would get MSJ'd eventually. But, I have a feeling Robinhood would much rather just get the hell out of the news cycle for a little while.
Whether ‘tis nobler in the mind to suffer
The slings and arrows of outrageous fortune
I hate that bank and didn’t care. To get to five hundred and change they had charged that service analysis fee over ten times. For nothing. But again I wasn’t the lawyer. We were the clients/plaintiffs.
That’s rich. Cases that matter. You aren’t a real litigator. I litigated tobacco, Ford Explorer rollovers, med mal, on and on. Real litigation. You’re just a nerd representing nerds in nerdy shit lol. Unfounded arrogance is all you bring. GFY.
You're the one that had the temerity to say "cases that matter" about your bullshit. I spent most of my time litigating cases that protected consumers all over America. Defective products. You, well again, not real litigation, mean nerds going after mean nerds. Based on your comments about Robinhood you don't know shit about how cases get resolved by real lawyers. Swimming bwhahahahaha - that's just exercising. More nerdy shit. What a little nerd you are - I've honestly never dealt with many d*ckheads like you. In real litigation they get weeded out. And at IU Law we really didn't have any. Weird. Mean little nerd.
And maybe now they're revising their fake service analysis charge. But again, mean little nerds representing other little nerds don't know shit about consumer litigation. As you sit at your desking billing in six minute increments with a disincentive to be efficient as that reduces the size of your bill. Total hypocrite. GFY - your nerdy little 3.2 lawyer ass would get run out of court if you did real litigation with your snobby little attitude.You mean dumbasses that go to their bank and start yelling
and then file a class action when their hissy fit doesn't work?
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I assume that because of the potential subsequent lawsuits? I was thinking RH may from a PR standpoint, but if it opens an abyss, obviously that isn't prudent.
Disclaimer: Not advocating that they should
Noodle is in nowhere Ohio doing nerd cases that would never be on tv. He has no clue how cases that gain national attention play out. He's a total poser. Wrongful death isn't the only count in this case. They also sued for negligent infliction of emotional distress. Not intentional. Negligent. That bar is far lower. RH will settle. Confidentially. The Plaintiff's lawyer will be able to keep the case going too long not to. Noodle doesn't know squat about big boy litigation.
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mcm is a throwback to a few years ago when this board had devolved into a really vile place. It’s not that MCM doesn’t post quality content. It’s that he loves to get into juvenile insulting matches. “Locker room talk” with a mean-spirited attitude. It’s not even trash talking. A number of good people of left since he arrived. Go figure.
To me, thick-skinned means one can take criticism of one’s ideas. To some, thick-skinned means you can insult with the best of them.
If I call 1-800-BAD-DRUG ,
Do I get connected to the mcmurtry66 grifting service?
Do I leave a message, since he is actually going door-to-door in hospitals trying to find accident victims?
Do I get connected to the mcmurtry66 grifting service?
Do I leave a message, since he is actually going door-to-door in hospitals trying to find accident victims?
Exactly. What you posted was just general, meaningless bs because you don't litigate real cases. It varies state by state. You have to look it up. 3.2 lawyer. The standard in Ohio isn't what it is in Calif, Fla, or anywhere else. So a PI firm that specializes in those cases in that jurisdiction would be a quick and dirty way to find out. Duh. You’re a poser. You’ve never litigated a death case. You’re a nerdy 3.2 lawyer who needs to stay in his lane.
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No No. You get police reports and find accident where folks were hit and transported to the hospital. Volume my friend. Volume. The mills need grist.
As an aside, I have no dog at all in this fight whatsoever.
It's funny you write that but that's exactly what the mills do re police reports. They wait thirty days then send a letter; some are evil enough to just call anyway. The mills have changed the model because now all those shitty cases become loss-leaders for the good cases and they either bring in competent trial lawyers to handle those or get in bed with firms in town for referrals. They advertise on tv and all of the poorer communities where people aren't likely to personally know a lawyer. The mills now are a major player because so many cases go through them and they decide how to dole them out to other firms.
The mills also fund the litigation for referral firms to handle the mass, multidistrict litigation cases like vaginal mesh, talcom powder (johnson & johnson) etc. How did you know that about police reports etc.?
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I worked on the carrier side for years handling BI cases both commercial and personal lines (what else do you do with a liberal arts education and don't go to law school) both litigated/high dollar and shake and bake crap. I became friendly with several attorneys especially in CT and MA. God they hated their jobs b/c most of their job was just advertising and handling their clients.
And, yeah, we knew which firms were litigators and which were full of shit. We actually kept a list of the attorneys along with pictures so we could pull it up when arguing with them. If it got heated it 100% was going on speaker phone for all to hear. To be honest, I miss parts of that job.
What happens in Vegas......
That's hilarious. I hated it too. You were the king. Unless a captive firm you always controlled the purse strings. I never understood why lawyers were mean to the carriers. They were cutting their noses off to spite their faces. Yeah that world is crazy. A big crazy game. Don't say bruise in your demand letter; say contusion. Don't say chiro; say physical therapist. Then it got really crazy when the carriers got that software program that spit out offers. what's it called? abacus or something like that?
you know in florida they have mills that do nothing but handle PIP claims because they can get attorneys fees. Ugh.
I hated all of it for the most part. But once in a while you'd get a case where some true tragedy visited a family and you'd make a difference in their lives forever. the bummer was that to fund the expensive high dollar litigation, like med mal, or consumer cases, you had to keep a mill on the side. expert doctors charge for their hotel time...and the clients call daily to bitch because they're justifiably aggrieved but this is also their lottery yet they don't have a pot to piss in to help fund anything. The insurer always wanted to pay less than the cases were worth and the client always wanted more than they deserved. brutal.
Some carriers were great and easy to deal with (chubb/state farm); some were absolutely brutal: progressive; the family; safeco.... Ugh.
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