Doesn’t Matter Who Wins the K Race; We’re All the Same

[sebastian_dangerfield]

Originally Posted by Tyrone Slothrop

Here's a dopey litigation question: Someone sues you and another party in federal court. You have an arbitration clause in your agreement with them. Procedurally, when and how do you remove things to arbitration, and what happens vis-a-vis the plaintiff's claim against the other party?

What Icky said.

[sebastian_dangerfield]

Originally Posted by Pretty Little Flower

So if a basketball player tears an ACL, the doctor will tell them that the pain is not because of the torn ACL, but because of some emotional issue that the basketball player is trying to avoid confronting, and if the player just ignores the pain, the brain will eventually stop sending pain signals and everything will be better?

And then he’ll plant on the fly and find himself careening into the bench.

I’ll offer Hank’s comeback in advance: ACL tears don’t always hurt.

My comeback to that: When you meet the person who’s torn an ACL and not been in pain, take a photo.

[Hank Chinaski]

Originally Posted by sebastian_dangerfield

What Icky said.

Nope. What Hank asked.

[sebastian_dangerfield]

Originally Posted by Greedy,Greedy,Greedy

focus on the pain. become the pain. feel where the pain is.

The liver has no nerve endings.

[Hank Chinaski]

Originally Posted by Hank Chinaski

Nope. What Hank asked.

In certain claims you both can have separate liability (though you may not give a shit if you are otherwise out). Other relationships you may not even want out- not if you can dump it on the other company.

[Did you just call me Coltrane?]

Originally Posted by Tyrone Slothrop

Here's a dopey litigation question: Someone sues you and another party in federal court. You have an arbitration clause in your agreement with them. Procedurally, when and how do you remove things to arbitration, and what happens vis-a-vis the plaintiff's claim against the other party?

I've been in this situation as a plaintiff, although we had a mediation clause and then an arbitration clause (to occur if mediation was unsuccessful). We asked the contract defendant to waive those clauses (they declined, which was expected). We then sued the party with whom we had no contract, but did not sue the contract defendant. At some point we convinced the named defendant to mediate, and then requested that the contract defendant participate in the mediation (which they, under the contract, were required to do). It all worked out.

If I were the contract defendant in your situation, I would simply move to dismiss.

[Greedy,Greedy,Greedy]

Originally Posted by Tyrone Slothrop

Here's a dopey litigation question: Someone sues you and another party in federal court. You have an arbitration clause in your agreement with them. Procedurally, when and how do you remove things to arbitration, and what happens vis-a-vis the plaintiff's claim against the other party?

I'm just a simple country corporate lawyer, but why do you care about the plaintiff's claim against the other party? Is the other party someone with whom you have a relationship of some kind?

I just read the rest, and I guess I'm saying, what Hank asked.

[Hank Chinaski]

Originally Posted by Greedy,Greedy,Greedy

I'm just a simple country corporate lawyer, but why do you care about the plaintiff's claim against the other party? Is the other party someone with whom you have a relationship of some kind?

I just read the rest, and I guess I'm saying, what Hank asked.

Last time he spoke about his job he was representing pawn shops. So his client got sued, and I would guess the other defendant must have been the customer that bought Plaintiff's item. So there'd be a replevin claim against that D that Ty's client wouldn't have?

[Greedy,Greedy,Greedy]

Originally Posted by Hank Chinaski

Last time he spoke about his job he was representing pawn shops. So his client got sued, and I would guess the other defendant must have been the customer that bought Plaintiff's item. So there'd be a replevin claim against that D that Ty's client wouldn't have?

I was thinking he represented Penske's latest venture, nursing homes for retired druggie rock stars, and was looking to get the claim against the nursing home into arbitration while the claim of the decedent's family against the individual drug dealer went forward separately. My concern was that the dealer might be on staff. Or be Penske.

[LessinSF]

Originally Posted by Did you just call me Coltrane?

If I were the contract defendant in your situation, I would simply move to dismiss.

And for Rule 11 sanctions.

Less back in SF

[Icky Thump]

Originally Posted by LessinSF

And for Rule 11 sanctions.

Less back in SF

I always think these requests for sanctions are like

[Icky Thump]

Originally Posted by sebastian_dangerfield

You can’t do the programmed runs. Put it on manual and set the resistance 3/4-4/5 of max.

I can’t run (knee). I can’t row (shoulder).

I had some knee arthritis flare up about a year ago. Ortho said I'd never run again, stick to bike and elliptical. Knee still hurt like fuck. Finally, I was looking at runkeeper and saw an old personal best in distance and I said "fuck it, I am going to improve that for once, even if I had to limp." I did and toward the end, it stopped hurting.

I have kept running and the more I run, the better it feels.

I think there's an element to what Sarno sais akin to what happens innately to the body when you have a brain injury or stroke. The body figures out other ways to get shit done and it does.

[Hank Chinaski]

Originally Posted by Icky Thump

I had some knee arthritis flare up about a year ago. Ortho said I'd never run again, stick to bike and elliptical. Knee still hurt like fuck. Finally, I was looking at runkeeper and saw an old personal best in distance and I said "fuck it, I am going to improve that for once, even if I had to limp." I did and toward the end, it stopped hurting.

I have kept running and the more I run, the better it feels.

I think there's an element to what Sarno sais akin to what happens innately to the body when you have a brain injury or stroke. The body figures out other ways to get shit done and it does.

2. Before I read Sarno my best PT would tell me “your knee hurts? Ehh, just run. A half mile in you’ll warm up and it won’t anymore.”

[Hank Chinaski]

Originally Posted by Icky Thump

I always think these requests for sanctions are like

Egg zactly

[LessinSF]

Originally Posted by Icky Thump

I always think these requests for sanctions are like

How about this request for sanctions? http://www.abajournal.com/news/artic...ible-sanctions