PM me if interested in joining potential class action suit v. Neteller
 

I am in talks with a prominent NYC law firm that specializes in plaintiff class action suits (I practice with a much smaller firm). Although we are still in the evaluation process, we may soon need plaintiffs in order to file suit. Please PM me if interested, particularly if you have a large sum of money stuck in Neteller.

Re: PM me if interested in joining potential class action suit v. Neteller
 

What are you sueing them for? Did they run off with the money already?

Re: PM me if interested in joining potential class action suit v. Nete
 

Nice that you have a NY law firm. I hope they are recognized in the Isle of Man. And if the US government did indeed seize Neteller funds, or if they are in trust but banks won't do business with them, are you going to sue the US government too? What exactly are you suing them for, and where?

Re: PM me if interested in joining potential class action suit v. Nete
 

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What are you sueing them for? Did they run off with the money already?

[/ QUOTE ]

You're kidding, right? I would proffer that the moment a party entrusted with another's money refuses to return such money to its rightful owner -- after demand for the return of the money has been made, the custodian of the money has "run off with the money." Moreover, some might argue that here, Neteller's admission that its retention of US customers' money remains indefinite, further emboldens this point.

It is not appropriate for me to discuss specific substantive legal issues in any great detail, however, on this public forum. PM me if you have been affected and wish to discuss.

Re: PM me if interested in joining potential class action suit v. Nete
 

You used so many big words there let me read slowly oh ok got it. Question if the US gov is stopping them from returning it then what should they do send carrier pigeons..

Re: PM me if interested in joining potential class action suit v. Nete
 

Well to strengthen the case, they should answer the phone, turn the live chat on, unlock the accounts, allow the peer-to-peer transfers, or at least let you know when the carrier pigeons are coming.

Re: PM me if interested in joining potential class action suit v. Nete
 

Where exactly are you planning on filing suit? In the US? Why would US courts have any jurisdiction over a foreign based company?

Re: PM me if interested in joining potential class action suit v. Nete
 

Lol, you have no case.

NY Law Firm: Hello, prominant law firm
You: I want to bring a class action suit against an off shore company which was used to launder money for me to an illegal offshore gambling company as defined by the US Dept of Justice
NY Law Firm: You are kidding right?
You: No, you see this company has had its assets effectively frozen by our government, the banks in the US arent accepting their cheques, EFTs cant be processed because the DoJ forced them to stop doing business with said illegal money laundering company so our money is held safely in some form somewhere and is regulated by the FSA in the UK
NY Law Firm: Is this Jerry? I told you to stop prank calling me dude, its not funny.
You: No, seriously, I promise to have lots of people and pay all the fees
NY Law Firm: You cant be serious, this is the worst idea ever. Did you even graduate from high school?
You: We payo mucho dollaro
NY Law Firm: Meh, whatever dude, its your cash. Just realise its our legal advice that you have no reasonable chance of winning
You: Yes, we win goot

Re: PM me if interested in joining potential class action suit v. Nete
 

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Neteller's admission that its retention of US customers' money remains indefinite, further emboldens this point.

[/ QUOTE ]

I see.

Re: PM me if interested in joining potential class action suit v. Nete
 

[ QUOTE ]
Well to strengthen the case, they should answer the phone, turn the live chat on, unlock the accounts, allow the peer-to-peer transfers, or at least let you know when the carrier pigeons are coming.

[/ QUOTE ]

I agree totally and they should also give us that secret list of non-gambling merchants. I was just making sarcastic post after seeing his prominent law firm remark etc.. I mean nothing can be done till something has been done.

Re: PM me if interested in joining potential class action suit v. Nete
 

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Where exactly are you planning on filing suit? In the US? Why would US courts have any jurisdiction over a foreign based company?

[/ QUOTE ]
Look, I am an attorney. I agree that Neteller has breached their contract with US clients by not paying the accounts. They could have tendered payment by paper check.
However, in what court is a US law firm going to sue Neteller. US court does not have jurisdiction.
Is there any grounds or standing for US Neteller clients to file an action for Declaratory Judgment against DOJ that Neteller has legal right to refund US clients' money or even service online poker market?

Re: PM me if interested in joining potential class action suit v. Nete
 

Generally speaking, U.S. courts have jurisdiction over parties doing substantial business in the U.S. It is beyond cavil that Neteller did substantial business in the US (see its 2006 3rd Q earnings statement). US federal court jurisdiction is not a major concern right now.

I'm obviously not going to respond to all of the flaming replies on this thread, most of which, understandibly, reflect a lack of understanding of the legal process, and many of which are absurd.

This is not to suggest that the case is a slam dunk, without problems, or even that we will file, but we are evaluating right now.

Re: PM me if interested in joining potential class action suit v. Nete
 

Im in, i got three fiddy locked up in there, lets get them bastages!! I will pay 5% of any monies received in excess of my original balance. And I ain't just pontificating!!

Re: PM me if interested in joining potential class action suit v. Nete
 

[ QUOTE ]
You used so many big words there let me read slowly oh ok got it. Question if the US gov is stopping them from returning it then what should they do send carrier pigeons..

[/ QUOTE ]

I've stayed out of these debates because I'm not affected by it. But exactly where does it say

[ QUOTE ]
the US gov is stopping them from returning it

[/ QUOTE ] , other than what NT says. I'm not saying that's not the case, I don't know.

But if the gov is stopping them from paying people their money, why did they have to wait until the two ex hounchos were arrested to stop it?

Is it a complete waste of time to search for ways to force the issue?

Re: PM me if interested in joining potential class action suit v. Nete
 

Once again if you dont mind, which court will you be filing in?

Re: PM me if interested in joining potential class action suit v. Nete
 

[ QUOTE ]
[ QUOTE ]
Where exactly are you planning on filing suit? In the US? Why would US courts have any jurisdiction over a foreign based company?

[/ QUOTE ]
Look, I am an attorney. I agree that Neteller has breached their contract with US clients by not paying the accounts. They could have tendered payment by paper check.
However, in what court is a US law firm going to sue Neteller. US court does not have jurisdiction.
Is there any grounds or standing for US Neteller clients to file an action for Declaratory Judgment against DOJ that Neteller has legal right to refund US clients' money or even service online poker market?

[/ QUOTE ]

Not sure about your DOJ question. I like your thinking though. Personally, I am not at all convinced that this current problem has anything to do with the DOJ siezing anything of Neteller's. I could be convinced otherwise, however. Does anyone have a credible source for this rumor?

US courts, as you should know (and probably do, now that you think about it for a moment), would very likely have jurisdiction here. If you are a lawyer, go on LEXIS or Westlaw right now and see how long it takes you to find a case where a US court had jurisdiction over a non-US company on the basis of the company doing business within the US. It won't take you long. Remember, in your first year of law school, studying something called the "minimum contacts doctrine" in Civil Procedure?

Re: PM me if interested in joining potential class action suit v. Nete
 

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Once again if you dont mind, which court will you be filing in?

[/ QUOTE ]

I'm also an attorney. FYI, to those of you who don't think US courts have jurisdiction over Neteller -- you're dead wrong. OP could file in pretty much any Federal court. Neteller's substantial and continuous contact with US customers establishes jurisdiction.

For Christ's sake, the first thing they teach you in Civil Procedure is the case where an Argentenian helicopter company was successfully sued in Federal court, even though it had no US based offices and did no business with US suppliers. Minimum contacts doctrine ftw.

Re: PM me if interested in joining potential class action suit v. Nete
 

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Once again if you dont mind, which court will you be filing in?

[/ QUOTE ]

Sorry, overlooked your first one. Most likely US District Court, and probably the Southern or Eastern District of New York -- if we file. Nothing set in stone however. That could change depending on the location of the lead plaintiff(s).

Re: PM me if interested in joining potential class action suit v. Nete
 

I'm going to be pissed if a class action forces Neteller to fold and then they take my money with them. We will all get a nice $5 check a year from now while the lawyers make [censored] tons of money.

Am I off base by suggesting that, because you are a lawyer, you see this as an opportunity to make a [censored] ton of money off of this for yourself and your lawyer buddies beyond what Neteller owes you, while the rest of us get pennies on the dollar?

Anyone thinking you would get the majority of your balance out of a class action, think again.

Re: PM me if interested in joining potential class action suit v. Nete
 

It should be a class action lawsuit against the department of justice.

Re: PM me if interested in joining potential class action suit v. Nete
 

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[ QUOTE ]
Once again if you dont mind, which court will you be filing in?

[/ QUOTE ]

I'm also an attorney. FYI, to those of you who don't think US courts have jurisdiction over Neteller -- you're dead wrong. OP could file in pretty much any Federal court. Neteller's substantial and continuous contact with US customers establishes jurisdiction.

For Christ's sake, the first thing they teach you in Civil Procedure is the case where an Argentenian helicopter company was successfully sued in Federal court, even though it had no US based offices and did no business with US suppliers. Minimum contacts doctrine ftw.

[/ QUOTE ]

Thanks for speaking up PartyPooper. Couldn't (and didn't) state it better myself. Again, jurisdiction is not a big concern right now.

Re: PM me if interested in joining potential class action suit v. Nete
 

Hopefully he would be seeking judgment at equity rather than judgement at law... i.e, he would be asking the court to force Neteller to give us our funds ("specific performance") rather than asking Neteller to pay us some amount of damages.

Re: PM me if interested in joining potential class action suit v. Nete
 

OP,

Do you mean a multiple-plaintiff lawsuit rather than a class action? To file a class action, you really don't need more than couple of representative plaintiffs.

Also, class actions are a scam. They usually do not benefit the plaintiffs they preport to represent. What usually happens in class actions is that the lawyers will negotiative with the defendant for a settlement whereby the lawyers get a multi-million dollar fee and the defendant is now insulated from future actions. The plaintiffs are usually paid in coupons (literally) or pennies.

If a class action is filed, and a settlement reached, I fear that those supposed plaintiffs will get royally screwed. The settlement may look something like this: the plaintiff attorneys get $4M, all US depositors will be paid 5 cents on the dollar, and Neteller is now immune to legal action by US depositor who did not have the fore knowledge to opt out of that class action.

Re: PM me if interested in joining potential class action suit v. Nete
 

[ QUOTE ]
Hopefully he would be seeking judgment at equity rather than judgement at law... i.e, he would be asking the court to force Neteller to give us our funds ("specific performance") rather than asking Neteller to pay us some amount of damages.

[/ QUOTE ]

Yes, injunctive relief is among the remedies we are considering. Of course, don't assume we wouldn't seek both (an order compelling the return of the money in addition to damages suffered by way of the interest lost up until that point).

Re: PM me if interested in joining potential class action suit v. Nete
 

it aint netteller, its the US govt homie. and you can't fug with Goerge Dubya right now, his too hot, the mans on fire.

Re: PM me if interested in joining potential class action suit v. Nete
 

[ QUOTE ]
Im in, i got three fiddy locked up in there, lets get them bastages!! I will pay 5% of any monies received in excess of my original balance. And I ain't just pontificating!!

[/ QUOTE ]roflmao @ south park reference. OP is defo from the Cartman school of law.

Guys I have unbelievable sympathy for all of you with thousands stuck in Neteller, but the target of your ire should be the DOJ who have stopped NEteller making any transactions. How can you sue Neteller when thay can't find a way to give you your money?

Sue the cause not the effect!

Re: PM me if interested in joining potential class action suit v. Nete
 

[ QUOTE ]
Also, class actions are a scam.

[/ QUOTE ]

My favorite is when they sue a company on behalf its own shareholdeers. What a freaking con.

Re: PM me if interested in joining potential class action suit v. Nete
 

[ QUOTE ]
[ QUOTE ]
Once again if you dont mind, which court will you be filing in?

[/ QUOTE ]

I'm also an attorney. FYI, to those of you who don't think US courts have jurisdiction over Neteller -- you're dead wrong. OP could file in pretty much any Federal court. Neteller's substantial and continuous contact with US customers establishes jurisdiction.

For Christ's sake, the first thing they teach you in Civil Procedure is the case where an Argentenian helicopter company was successfully sued in Federal court, even though it had no US based offices and did no business with US suppliers. Minimum contacts doctrine ftw.

[/ QUOTE ]

if you're referring to Helicopteros Nacionales (466 U.S 408) you'd be wrong. SCOTUS held in that case that the Colombian company's mere purchases of helicopters in TX did not satisfy the minimum contacts test and consequently fell outside the reach of their long-arm statute

Re: PM me if interested in joining potential class action suit v. Nete
 

[ QUOTE ]


Also, class actions are a scam. They usually do not benefit the plaintiffs they preport to represent. What usually happens in class actions is that the lawyers will negotiative with the defendant for a settlement whereby the lawyers get a multi-million dollar fee and the defendant is now insulated from future actions. The plaintiffs are usually paid in coupons (literally) or pennies.



[/ QUOTE ]

Bingo- class actions are great for plaintiffs' lawyers, but not for the clients.

Plus, while I agree that Neteller has minimum contacts with the US, all of their assets are overseas and they are incorporated on the Isle of Man, which isn't even officially part of the UK. Just some kind of weird protectorate. So how will you satisfy the judgement if they don't even bother to defend it and a default judgment is entered?

Re: PM me if interested in joining potential class action suit v. Nete
 

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
Once again if you dont mind, which court will you be filing in?

[/ QUOTE ]

I'm also an attorney. FYI, to those of you who don't think US courts have jurisdiction over Neteller -- you're dead wrong. OP could file in pretty much any Federal court. Neteller's substantial and continuous contact with US customers establishes jurisdiction.

For Christ's sake, the first thing they teach you in Civil Procedure is the case where an Argentenian helicopter company was successfully sued in Federal court, even though it had no US based offices and did no business with US suppliers. Minimum contacts doctrine ftw.

[/ QUOTE ]

if you're referring to Helicopteros Nacionales (466 U.S 408) you'd be wrong. SCOTUS held in that case that the Colombian company's mere purchases of helicopters in TX did not satisfy the minimum contacts test and consequently fell outside the reach of their long-arm statute

[/ QUOTE ]

Maybe he didnt take notes on the first thing they taught him.

Re: PM me if interested in joining potential class action suit v. Nete
 

At this point, getting the money back through a lawsuit isn't what it's about. Neteller has violated its own terms of service by denying US customers immediate access to their funds (or am I the only the one who's read the terms of service?), and there is every right for them to be sued for that in whatever court is most appropriate. It's not about getting $5 a year for the next hundred years, it's about making sure that other firms are not so cavalier in how they do business with our earnings.

Re: PM me if interested in joining potential class action suit v. Nete
 

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Maybe he didnt take notes on the first thing they taught him.

[/ QUOTE ]

lol

Re: PM me if interested in joining potential class action suit v. Nete
 

[ QUOTE ]
At this point, getting the money back through a lawsuit isn't what it's about. Neteller has violated its own terms of service by denying US customers immediate access to their funds (or am I the only the one who's read the terms of service?), and there is every right for them to be sued for that in whatever court is most appropriate. It's not about getting $5 a year for the next hundred years, it's about making sure that other firms are not so cavalier in how they do business with our earnings.

[/ QUOTE ]

Maybe that's fine for you and all... the moral victory. But I don't think the majority of people here are going to be happy that Neteller gets taught a lesson at the expense of their bankrolls.

I have seen this class action crap go down before and it really sucks. It generally takes advantage of a bunch of people who are already being screwed by a company, causes the company to fold, and guarantees those people will never see the majority of their money.

There are a few posters here speaking the truth. Listen to them and don't drink the Koolaid the lawyers are pouring you.

Re: PM me if interested in joining potential class action suit v. Nete
 

Man, you can't swing a dead cat in this thread without hitting several lawyers. There's a bunch of us on here.

Re: PM me if interested in joining potential class action suit v. Nete
 

I saw Erin Brokovich. I can lose my job in the mines for this, and how will I be able to pay my children's medical bills from the radiation from the computers they were using while accessing Neteller over extended periods?

Re: PM me if interested in joining potential class action suit v. Nete
 

[ QUOTE ]
OP,

Do you mean a multiple-plaintiff lawsuit rather than a class action? To file a class action, you really don't need more than couple of representative plaintiffs.

Also, class actions are a scam. They usually do not benefit the plaintiffs they preport to represent. What usually happens in class actions is that the lawyers will negotiative with the defendant for a settlement whereby the lawyers get a multi-million dollar fee and the defendant is now insulated from future actions. The plaintiffs are usually paid in coupons (literally) or pennies.

If a class action is filed, and a settlement reached, I fear that those supposed plaintiffs will get royally screwed. The settlement may look something like this: the plaintiff attorneys get $4M, all US depositors will be paid 5 cents on the dollar, and Neteller is now immune to legal action by US depositor who did not have the fore knowledge to opt out of that class action.

[/ QUOTE ]

This is simply incorrect. The court has to sign off on any settlement, as well as any attorney fee award. Also, any plaintiff within the class can choose not to participate in the proposed settlement, and his or her rights as against Neteller would be unaffected by the settlement.

Re: PM me if interested in joining potential class action suit v. Nete
 

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
Once again if you dont mind, which court will you be filing in?

[/ QUOTE ]

I'm also an attorney. FYI, to those of you who don't think US courts have jurisdiction over Neteller -- you're dead wrong. OP could file in pretty much any Federal court. Neteller's substantial and continuous contact with US customers establishes jurisdiction.

For Christ's sake, the first thing they teach you in Civil Procedure is the case where an Argentenian helicopter company was successfully sued in Federal court, even though it had no US based offices and did no business with US suppliers. Minimum contacts doctrine ftw.

[/ QUOTE ]

if you're referring to Helicopteros Nacionales (466 U.S 408) you'd be wrong. SCOTUS held in that case that the Colombian company's mere purchases of helicopters in TX did not satisfy the minimum contacts test and consequently fell outside the reach of their long-arm statute

[/ QUOTE ]

Although I agree that PPG is wrong about the outcome of the case with respect to the particular parties, and it's not true that jurisdiction was established over the helicopter company, I would have to say that the doctrine established in the same case WOULD help anyone trying to sue Neteller. Neteller's service of US customers does satisfy the minimum contacts test of Helicopteros. PPG was right insofar as the case sets up the minimum contacts standard in such a way as it's plainly satisfied by the facts of Neteller's situation.

Don't you agree? I'm guessing your post was merely a correction of the facts of the case, rather than a dismissal of the claim that Neteller can be reached by U.S. courts, because it seems plainly the case that that's true.

Re: PM me if interested in joining potential class action suit v. Nete
 

Class actions are only a scam if you have suffered sufficient damages such that it would be economically feasible to bring a suit of your own. When a company screws 10,000 people out of $10, $100, or even a $1,000 it wouldn't be worth it for individual plaintiffs to sue as the legal costs would be much higher the the amount at stake. So a class action is a good thing for those plaintiffs with small claims.

However, keep in mind that if you fail to opt out of the class action (provided you had notice and opportunity), any verdict or settlement will be binding on you and bar you from bringing a later suit of your own.

Therefore, my advice is that if you have a lot of money tied up in neteller and a class action goes forward, meet with an attorney promptly to discuss your options.

Re: PM me if interested in joining potential class action suit v. Nete
 

[ QUOTE ]
I saw Erin Brokovich. I can lose my job in the mines for this, and how will I be able to pay my children's medical bills from the radiation from the computers they were using while accessing Neteller over extended periods?

[/ QUOTE ]

Dude i read three John Grisham novels, "Bring it".

Re: PM me if interested in joining potential class action suit v. Nete
 

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
Once again if you dont mind, which court will you be filing in?

[/ QUOTE ]

I'm also an attorney. FYI, to those of you who don't think US courts have jurisdiction over Neteller -- you're dead wrong. OP could file in pretty much any Federal court. Neteller's substantial and continuous contact with US customers establishes jurisdiction.

For Christ's sake, the first thing they teach you in Civil Procedure is the case where an Argentenian helicopter company was successfully sued in Federal court, even though it had no US based offices and did no business with US suppliers. Minimum contacts doctrine ftw.

[/ QUOTE ]

if you're referring to Helicopteros Nacionales (466 U.S 408) you'd be wrong. SCOTUS held in that case that the Colombian company's mere purchases of helicopters in TX did not satisfy the minimum contacts test and consequently fell outside the reach of their long-arm statute

[/ QUOTE ]

Although I agree that PPG is wrong about the outcome of the case with respect to the particular parties, and it's not true that jurisdiction was established over the helicopter company, I would have to say that the doctrine established in the same case WOULD help anyone trying to sue Neteller. Neteller's service of US customers does satisfy the minimum contacts test of Helicopteros. PPG was right insofar as the case sets up the minimum contacts standard in such a way as it's plainly satisfied by the facts of Neteller's situation.

Don't you agree? I'm guessing your post was merely a correction of the facts of the case, rather than a dismissal of the claim that Neteller can be reached by U.S. courts, because it seems plainly the case that that's true.

[/ QUOTE ]

oh no i absolutely believe that the US can gain jurisdiction here. we certainly have "continuous and systematic contact" and, therefore, probably have general jurisdiction over Neteller. but as a poster above said, difficulties arise when we try to enforce the judgment in foreign jurisdictions.