Comments on: Court case might change the laws of second-hand buying: Craigslist, eBay, others in jeopardy http://www.crunchgear.com/2007/10/21/court-case-might-change-the-laws-of-second-hand-buying-craigslist-ebay-others-in-jeopardy/ Gadgets, gear and computer hardware. Wed, 07 Jan 2009 20:54:16 +0000 http://wordpress.org/?v=2.7 hourly 1 By: Blake R http://www.crunchgear.com/2007/10/21/court-case-might-change-the-laws-of-second-hand-buying-craigslist-ebay-others-in-jeopardy/#comment-489963 Blake R Mon, 22 Oct 2007 15:51:02 +0000 http://crunchgear.com/2007/10/21/court-case-might-change-the-laws-of-second-hand-buying-craigslist-ebay-others-in-jeopardy/#comment-489963 This case has no merit and will be tossed before anything comes of it. It's contrary to U.S. property laws, which are, in fact, some of our clearest laws. The most recent owner is liable and, in the end, none of the previous owners will be held accountable. This case has no merit and will be tossed before anything comes of it. It’s contrary to U.S. property laws, which are, in fact, some of our clearest laws.

The most recent owner is liable and, in the end, none of the previous owners will be held accountable.

]]> By: Matt Hickey http://www.crunchgear.com/2007/10/21/court-case-might-change-the-laws-of-second-hand-buying-craigslist-ebay-others-in-jeopardy/#comment-489588 Matt Hickey Mon, 22 Oct 2007 09:39:56 +0000 http://crunchgear.com/2007/10/21/court-case-might-change-the-laws-of-second-hand-buying-craigslist-ebay-others-in-jeopardy/#comment-489588 @ Publius: I agree, it's not the lawyer's fault. It wasn't my intention to blame them, but another reading of my post reveals it's not the lawyers but the way people yield them that I fear. And decide what? The point is that this can change how ownership works, pure and simple. It's not up for debate, it's in the courts' hands now. @ Publius: I agree, it’s not the lawyer’s fault. It wasn’t my intention to blame them, but another reading of my post reveals it’s not the lawyers but the way people yield them that I fear.

And decide what? The point is that this can change how ownership works, pure and simple. It’s not up for debate, it’s in the courts’ hands now.

]]> By: John Eddy http://www.crunchgear.com/2007/10/21/court-case-might-change-the-laws-of-second-hand-buying-craigslist-ebay-others-in-jeopardy/#comment-489348 John Eddy Mon, 22 Oct 2007 04:26:57 +0000 http://crunchgear.com/2007/10/21/court-case-might-change-the-laws-of-second-hand-buying-craigslist-ebay-others-in-jeopardy/#comment-489348 "First, lawyers cannot bring cases without people willing to sue. so dont blame the lawyer." I call shenanigans. a) A lawyer can always say 'No, that is frivolous' or 'That case has no legal bearing and I won't take it' or even simply 'No, not interested.' b) A lawyer can try to convince an individual that they *should* be willing to sue. I am not saying *every* lawyer does it, but, 'ambulance chaser' wasn't a derogatory term that someone made up without merit. There were lawyers who followed ambulances and tried to convinced the injured to file suit. "Second, if you were the Plaintiff and the law allowed you to recover large sum of money from multiple people, would you turn it down?" Oh, actually, I'll call shenanigans on this too. My doctor missed an extremely high blood sugar reading for almost a year, meaning I was living with untreated diabetes for that time. I could have easily sued for malpractice. I didn't. I didn't feel like putting the doctor through a suit for what could easily be a simple clerical mistake. I didn't feel like having to find a new doctor. “First, lawyers cannot bring cases without people willing to sue. so dont blame the lawyer.”

I call shenanigans.

a) A lawyer can always say ‘No, that is frivolous’ or ‘That case has no legal bearing and I won’t take it’ or even simply ‘No, not interested.’

b) A lawyer can try to convince an individual that they *should* be willing to sue. I am not saying *every* lawyer does it, but, ‘ambulance chaser’ wasn’t a derogatory term that someone made up without merit. There were lawyers who followed ambulances and tried to convinced the injured to file suit.

“Second, if you were the Plaintiff and the law allowed you to recover large sum of money from multiple people, would you turn it down?”

Oh, actually, I’ll call shenanigans on this too. My doctor missed an extremely high blood sugar reading for almost a year, meaning I was living with untreated diabetes for that time. I could have easily sued for malpractice. I didn’t. I didn’t feel like putting the doctor through a suit for what could easily be a simple clerical mistake. I didn’t feel like having to find a new doctor.

]]> By: Publius http://www.crunchgear.com/2007/10/21/court-case-might-change-the-laws-of-second-hand-buying-craigslist-ebay-others-in-jeopardy/#comment-489335 Publius Mon, 22 Oct 2007 04:01:36 +0000 http://crunchgear.com/2007/10/21/court-case-might-change-the-laws-of-second-hand-buying-craigslist-ebay-others-in-jeopardy/#comment-489335 People who do not understand the law should not blog about it. First, lawyers cannot bring cases without people willing to sue. so dont blame the lawyer. Second, if you were the Plaintiff and the law allowed you to recover large sum of money from multiple people, would you turn it down? Third, you shoudl have linked to the Supreme Court opinion so that your readers could read the Supreme Court's reasoning and decide for themselves. http://www.publications.ojd.state.or.us/S53916.htm Under another reading of the case, someone cannot sell a product they know to be defective and which can cause harm and be free from liability. In other words you cannot sell a car that you failed to maintain and be free from liability if it harms someone. Lesson: have the buyer sign an indemnification and release the seller from all liability. People who do not understand the law should not blog about it.

First, lawyers cannot bring cases without people willing to sue. so dont blame the lawyer. Second, if you were the Plaintiff and the law allowed you to recover large sum of money from multiple people, would you turn it down?

Third, you shoudl have linked to the Supreme Court opinion so that your readers could read the Supreme Court’s reasoning and decide for themselves. http://www.publications.ojd.state.or.us/S53916.htm

Under another reading of the case, someone cannot sell a product they know to be defective and which can cause harm and be free from liability. In other words you cannot sell a car that you failed to maintain and be free from liability if it harms someone.

Lesson: have the buyer sign an indemnification and release the seller from all liability.

]]> By: Jon http://www.crunchgear.com/2007/10/21/court-case-might-change-the-laws-of-second-hand-buying-craigslist-ebay-others-in-jeopardy/#comment-489331 Jon Mon, 22 Oct 2007 03:57:17 +0000 http://crunchgear.com/2007/10/21/court-case-might-change-the-laws-of-second-hand-buying-craigslist-ebay-others-in-jeopardy/#comment-489331 Matt... you now you have one more reason to think twice before buying your next Zune... that is a cool looking picture though. Jon Matt… you now you have one more reason to think twice before buying your next Zune… that is a cool looking picture though.

Jon

]]> By: rob http://www.crunchgear.com/2007/10/21/court-case-might-change-the-laws-of-second-hand-buying-craigslist-ebay-others-in-jeopardy/#comment-489321 rob Mon, 22 Oct 2007 03:42:16 +0000 http://crunchgear.com/2007/10/21/court-case-might-change-the-laws-of-second-hand-buying-craigslist-ebay-others-in-jeopardy/#comment-489321 umm...i wouldn't sweat this one. tiffany & co. v. ebay has a much bigger chance of having a negative impact. umm…i wouldn’t sweat this one.

tiffany & co. v. ebay has a much bigger chance of having a negative impact.

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