What are the odds?
How many fucking mormons can there be in Southern California?
Why were they at a bar anyway?
Wow. Those girls were not psyched me or Faheem.
I guess you need to check religious affiliation before you make offensive jokes.
Saturday, February 24, 2007
Thursday, February 15, 2007
Make me the motha fuckin' prezident. Make the Whitehouse a whore house for all da pimps. Open up shop, like they do in Vegas. Legalize pimpin' for...
Goin' to AZ
Gonna drink some margaritas
No one reads this anymore
You can all go die
You can all go die
(there's an awesome melody associated with that little diddy. Not bogus, awesome. Dare I say rad?)
Gonna drink some margaritas
No one reads this anymore
You can all go die
You can all go die
(there's an awesome melody associated with that little diddy. Not bogus, awesome. Dare I say rad?)
Wednesday, February 14, 2007
ValentiMes Day
Irregardless or what you've heard, I could care less about Valentines Day.
I know 2 people who'll get that. Neither of them read this blog.
I know 2 people who'll get that. Neither of them read this blog.
Thursday, February 8, 2007
Alcomahol
No booze in 2 weeks make me crazy.
Liver turning into girlyman.
Thoughts too clear.
World seeing too real.
I wonder what Windex tastes like?
Burning I bet.
Liver turning into girlyman.
Thoughts too clear.
World seeing too real.
I wonder what Windex tastes like?
Burning I bet.
Tuesday, February 6, 2007
Judgment? I thought it was 'judgement.'
This is what I do all day, every day.
(Oh yea, this is 1 of 5 tonight alone. My briefs tend to be as long as the case itself. Note I was able to throw in a Top Gun reference in there. Do you care enough to read it all?)
COASTAL VIDEO COMMUNICATIONS CORP. V. STAYWELL CORP.
59 F. Supp. 2d 565 (E.D. Va. 1999)
Facts:
Krames Communications [and Staywell] move to dismiss for a lack of personal jurisdiction under FRCP 12(b)(2)
And π’s move for discovery on issue of personal jurisdiction.
• ∏’s motion for discovery granted (with guidelines), and Δ’s motion to dismiss is taken under advisement pending the outcome of the granted limited discovery.
Π (Coastal Video Comm.) is VA company that makes employee handbooks/videos/ training materials/etc. and sells throughout U.S. Product in question is, “Defending Your Safety Zone: Back Protection.”
Δ (Krames) is DE corp. with principle business in CA, making patient education, health promotion, safety and injury prevention training materials. One of which is, “Safety Zone: Using Natural Limits to Protect Your Back,” and has copyright.
Feb. 1999 Coastal files instant action in VA seeking declaration that their publication does not infringe on copyrighted material published by Krames. In April 1999 instant motion to dismiss for lack of personal jurisdiction was filed.
Coastal claims court has personal jurisdiction over Krames.
o Krames sells its products to people all over (50 counties and 6 continents)
o 70% of hospitals in U.S., including 3 in VA
o Sold to VA in the past and currently
o Mailed catalogues to VA in 1998
o Krames qualified to do business in VA, and has representative there
o Business is over the WWW
o *Separate site for STAYWELL
o Staywell distributed to 1300 American Red Cross local chapters
o Site lists job opportunities and allows applications
Holding:
∏’s motion for discovery granted (with guidelines), and Δ’s motion to dismiss is taken under advisement pending the outcome of the granted limited discovery.
Reasoning/Analysis
Specific Jurisdiction
To argue specific jurisdiction, Coastal cites VA statute; “a court may exercise jurisdiction over a person, who acts directly or by an agent, as to a cause of action arising form the person’s… [t]ransacting any business in this Commonwealth[.]” Va. Code Ann. §8.01-328.1
Π says sale of “Safety Zone” [cooler if it were Danger Zone, Kenny Loggins rules!] is sufficient to “transacting business” → & declaratory judgment action arises from this [Int’l Shoe].
*** Court says there would be no personal jurisdiction b/c the declaratory judgment action before the court does not arise from the sale of Δ’s publication.
General Jurisdiction
“The court may still exercise personal jurisdiction over a Δ if it has ‘general jurisdiction,’ in which the requisite ‘minimum contacts’ b/w the Δ and the forum state are ‘fairly extensive.’”
“Only when the continuous corporate operation within a state is thought so substantial... as to justify suit against it on causes of action arising from causes of action entirely distinct form those activities may a court assert general jurisdiction over a corporate Δ.”
Court finds it difficult to apply general jurisdiction in this because of the facts.
o Customers can buy online from Krames without talking to rep.
o Online storefront
o Not buying from salesmen like in Int’l Shoe
o Cites Mieczkowski → says traditional measure is the amount of revenue derived from that state’s business
***Court grants π’s motion for discovery on the issue of personal jurisdiction over Δ.
(Oh yea, this is 1 of 5 tonight alone. My briefs tend to be as long as the case itself. Note I was able to throw in a Top Gun reference in there. Do you care enough to read it all?)
COASTAL VIDEO COMMUNICATIONS CORP. V. STAYWELL CORP.
59 F. Supp. 2d 565 (E.D. Va. 1999)
Facts:
Krames Communications [and Staywell] move to dismiss for a lack of personal jurisdiction under FRCP 12(b)(2)
And π’s move for discovery on issue of personal jurisdiction.
• ∏’s motion for discovery granted (with guidelines), and Δ’s motion to dismiss is taken under advisement pending the outcome of the granted limited discovery.
Π (Coastal Video Comm.) is VA company that makes employee handbooks/videos/ training materials/etc. and sells throughout U.S. Product in question is, “Defending Your Safety Zone: Back Protection.”
Δ (Krames) is DE corp. with principle business in CA, making patient education, health promotion, safety and injury prevention training materials. One of which is, “Safety Zone: Using Natural Limits to Protect Your Back,” and has copyright.
Feb. 1999 Coastal files instant action in VA seeking declaration that their publication does not infringe on copyrighted material published by Krames. In April 1999 instant motion to dismiss for lack of personal jurisdiction was filed.
Coastal claims court has personal jurisdiction over Krames.
o Krames sells its products to people all over (50 counties and 6 continents)
o 70% of hospitals in U.S., including 3 in VA
o Sold to VA in the past and currently
o Mailed catalogues to VA in 1998
o Krames qualified to do business in VA, and has representative there
o Business is over the WWW
o *Separate site for STAYWELL
o Staywell distributed to 1300 American Red Cross local chapters
o Site lists job opportunities and allows applications
Holding:
∏’s motion for discovery granted (with guidelines), and Δ’s motion to dismiss is taken under advisement pending the outcome of the granted limited discovery.
Reasoning/Analysis
Specific Jurisdiction
To argue specific jurisdiction, Coastal cites VA statute; “a court may exercise jurisdiction over a person, who acts directly or by an agent, as to a cause of action arising form the person’s… [t]ransacting any business in this Commonwealth[.]” Va. Code Ann. §8.01-328.1
Π says sale of “Safety Zone” [cooler if it were Danger Zone, Kenny Loggins rules!] is sufficient to “transacting business” → & declaratory judgment action arises from this [Int’l Shoe].
*** Court says there would be no personal jurisdiction b/c the declaratory judgment action before the court does not arise from the sale of Δ’s publication.
General Jurisdiction
“The court may still exercise personal jurisdiction over a Δ if it has ‘general jurisdiction,’ in which the requisite ‘minimum contacts’ b/w the Δ and the forum state are ‘fairly extensive.’”
“Only when the continuous corporate operation within a state is thought so substantial... as to justify suit against it on causes of action arising from causes of action entirely distinct form those activities may a court assert general jurisdiction over a corporate Δ.”
Court finds it difficult to apply general jurisdiction in this because of the facts.
o Customers can buy online from Krames without talking to rep.
o Online storefront
o Not buying from salesmen like in Int’l Shoe
o Cites Mieczkowski → says traditional measure is the amount of revenue derived from that state’s business
***Court grants π’s motion for discovery on the issue of personal jurisdiction over Δ.
Monday, February 5, 2007
blawg dawg
So there are these things called 'blawgs.' Law related blogs, blah, blah, who cares.
Anyway, this professor is telling us about one for a research tool and he asks how many people have blogs.
3 people raise their hands. I was not one.
No way those fuckers get to see this one.
Damn gunners. Sometimes you say more with less.
It's never too late to start procrastinating. I'll start tomorrow, I swear.
Anyway, this professor is telling us about one for a research tool and he asks how many people have blogs.
3 people raise their hands. I was not one.
No way those fuckers get to see this one.
Damn gunners. Sometimes you say more with less.
It's never too late to start procrastinating. I'll start tomorrow, I swear.
Sunday, February 4, 2007
Really?
Whoever came up with the idea for the pre-game show at the SuperBowl should be drug out in the street and shot.
It's a travesty.
What's the line of thinking behind this?
"Hmm... This event is watched by 90% of MEN in America, so let's do the gayest fucking song and dance number we can think of with a bunch of fruity looking kids and cultural undertones!"
People should be losing their jobs over this. If it were up to me they'd be losing their limbs. With rusty tools.
It's a travesty.
What's the line of thinking behind this?
"Hmm... This event is watched by 90% of MEN in America, so let's do the gayest fucking song and dance number we can think of with a bunch of fruity looking kids and cultural undertones!"
People should be losing their jobs over this. If it were up to me they'd be losing their limbs. With rusty tools.
P.S.
Does "post script" still count when you start with it? I think not.
Explosions In The Sky is my new favorite band.
It makes me cry.
I'm sorta into that lately.
Explosions In The Sky is my new favorite band.
It makes me cry.
I'm sorta into that lately.
No title. Just my Saturday night. Sunday now.
Scary words are so deceiving
When they’re spoken with quiet apprehension from your lips
I said, “Trust in me despite the blood in my eyes”
I hear your screams over your cries
I want to look into your eyes and forget
Remember when the sun was high enough
to cast no shadows as you walk
No faces on the pawns in the view from above
Dear please was this your idea
of summer built on silence and no regard
I don’t remember what it feels like to be cold
Steer into the sun
I breathe your life in
with a taste of iron and sorrow
If only you were alive to feel this
Underneath the make-up and tears
A thousand faces of the ones who let you down
into a bed of feathers and nails
At least you’ll be comfortable when you die
You talk to me but you’re breaking up
White noise and drum rolls
A sea of fools tied to their graves
Creatures of habit and results
When they’re spoken with quiet apprehension from your lips
I said, “Trust in me despite the blood in my eyes”
I hear your screams over your cries
I want to look into your eyes and forget
Remember when the sun was high enough
to cast no shadows as you walk
No faces on the pawns in the view from above
Dear please was this your idea
of summer built on silence and no regard
I don’t remember what it feels like to be cold
Steer into the sun
I breathe your life in
with a taste of iron and sorrow
If only you were alive to feel this
Underneath the make-up and tears
A thousand faces of the ones who let you down
into a bed of feathers and nails
At least you’ll be comfortable when you die
You talk to me but you’re breaking up
White noise and drum rolls
A sea of fools tied to their graves
Creatures of habit and results
Saturday, February 3, 2007
Winter?
It's another beautiful day here in North Mexico. 70 degrees, not a cloud in the sky, slight breeze.
I've been in the library for 6 hours now. I have forgotten what fresh air smells like. I should have gone to school in Dakota, South Dakota.
Colorado sounds rad right now. Not.
Bone out dude, I'm a local anywhere.
I've been in the library for 6 hours now. I have forgotten what fresh air smells like. I should have gone to school in Dakota, South Dakota.
Colorado sounds rad right now. Not.
Bone out dude, I'm a local anywhere.
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