![]() |
#101
|
|||
|
|||
![]()
There is no treaty under which you can enforce US judgments in the UK. It will therefore depend on the UK courts recognising that the US courts have valid jurisdiction.
That choice of law/jurisdiction clause will be found to be perfectly valid under UK/IOM law and it grants exclusive jurisdiction to the IOM courts. I just can't see how any IOM or UK court is going to recognise a US judgment. It's literally not worth the paper it's written on so far as I can see. Sorry. Link here might be of general interest http://www.osec.doc.gov/ogc/occic/refmj.htm Rules on infra-European enforcment in general are contained here - but unless you are a Euro national I don't think these will help http://europa.eu/scadplus/leg/en/lvb/l33054.htm |
#102
|
|||
|
|||
![]()
'Again, jurisdiction is not a big concern right now.'
Well no lawyer actually acting in the best interests of his client is going to spend his client's money (or his own) to obtain a purely paper judgment. The likely enforceability of a judgment has always been a huge issue in my 17 years of legal practice here in the UK. US lawyers must think very differently.. |
#103
|
|||
|
|||
![]()
[ QUOTE ]
'Again, jurisdiction is not a big concern right now.' Well no lawyer actually acting in the best interests of his client is going to spend his client's money (or his own) to obtain a purely paper judgment. The likely enforceability of a judgment has always been a huge issue in my 17 years of legal practice here in the UK. US lawyers must think very differently.. [/ QUOTE ] No ex, we do not. |
#104
|
|||
|
|||
![]()
And what exactly would any individual class member get out of this? Maybe interest on the time when they couldn't get their money out AT MOST. This sounds like another perfect example of ambulance-chasing Plaintiff's lawyers out only for their oversized contingency fees.
Think about it people. If there's a class action then then anyone considering providing the service that Neteller did and that served us so well for so long will have yet another reason not to, as if the threat of being thrown in jail weren't enough. I strongly encourage everyone NOT to "sign-up" with this guy, whoever he is. |
#105
|
|||
|
|||
![]()
[ QUOTE ]
And what exactly would any individual class member get out of this? Maybe interest on the time when they couldn't get their money out AT MOST. This sounds like another perfect example of ambulance-chasing Plaintiff's lawyers out only for their oversized contingency fees. [/ QUOTE ] To answer your question in the first sentance: For starters, there is the added motivation, if a lawsuit is filed, for Neteller to return 100% of the money it is holding and right now sees fit to hold indefinitely. Or are you perfectly content with the expediency with which Neteller is now acting? I have posted that my colleagues and I are EVALUATING the possibility of suing in order to hold Neteller responsible for its actions; and from that, you miraculously are able to divine that my motivation is tantamount to that of an ambulance chaser, with no concern other than "oversized fee." Can you read palms too? Your extra-sensory powers notwithstanding, please try and understand that others might see the upside in putting the screws to Neteller now, rather than patiently waiting for it to return the money. |
#106
|
|||
|
|||
![]()
After all is said and done, we all chose to participate in an activity that falls into the grey area of US law.
As of October we ALL knew perfectly well that the feds were cracking down on online poker in the US. WE KNEW WE WERE PLAYING AT OUR OWN RISK AND HAD NO LEGAL PROTECTION. So now we're going to sue in legal courts over an illegal activity? Didn't they call the bill "Unlawful Internet Gambling Enforcement Act"? And you still had over $1000 on Neteller? Yes, yes, I know that strictly speaking online poker is legal, but using US banking institutions isn't. Well, we continued to use US banking institutions, even after the [censored] hit the fan. And now we're crying like babies. Good luck with your cockamamie lawsuit and keep us posted. |
#107
|
|||
|
|||
![]()
[ QUOTE ]
To answer your question in the first sentance: For starters, there is the added motivation, if a lawsuit is filed, for Neteller to return 100% of the money it is holding and right now sees fit to hold indefinitely. Or are you perfectly content with the expediency with which Neteller is now acting? I have posted that my colleagues and I are EVALUATING the possibility of suing in order to hold Neteller responsible for its actions; and from that, you miraculously are able to divine that my motivation is tantamount to that of an ambulance chaser, with no concern other than "oversized fee." Can you read palms too? Your extra-sensory powers notwithstanding, please try and understand that others might see the upside in putting the screws to Neteller now, rather than patiently waiting for it to return the money. [/ QUOTE ] Typical. I know Plaintiffs' law firms and lawyers well enough to know exactly how they operate, and this is standard M.O. You provide no answers, no specifics, no justification. Your only purpose here is to incite people over a whole bunch of "what if"s (what if Neteller holds onto funds indefinitely?) so that you can find an appropriate class representative and generate a long list of class members. I 100% guarantee you that any class action will seek much more than the immediate return of all funds, not because there's any real harm to anyone beyond that, but because if that's all they got the law firm wouldn't get the ridiculously large contingency fee that would be the only reason it would consider pursuing this non-case. |
#108
|
|||
|
|||
![]()
Being an Attorney and Professor of International Law I find most of the comments in this thread to be misinformed. A lawsuit against Neteller is feasible and could be filed in England (where their stock is traded) regardless of the DOJ seizures. Neteller is liable for lost funds, punative damages, and yes legal fees incurred for witholding or not releasing its clientele's funds in a timely fashion.
For example say a foreign bank that you have funds in was shut down by authorities for improper banking practices. All fund holders regardless of where they live or government restrictions would have a right to litigate for their loses in a court of law. While I see difficulties in pursuing this in the US, a US law firm in conjunction with am English firm could easily file suit in Great Britian under their laws. Since Neteller's stock is traded on the AIM in England they are bound by their laws regardless of where they are located and/or incorporated. This is fact and something Neteller agreed to when they applied to be traded on the London Stock Exchange. This is a legal opinion based on current laws and the corresponding facts and is in no way intended to be legal advice or to provoke legal action against any parties described here. |
#109
|
|||
|
|||
![]()
[ QUOTE ]
[ QUOTE ] And what exactly would any individual class member get out of this? Maybe interest on the time when they couldn't get their money out AT MOST. This sounds like another perfect example of ambulance-chasing Plaintiff's lawyers out only for their oversized contingency fees. [/ QUOTE ] To answer your question in the first sentance: For starters, there is the added motivation, if a lawsuit is filed, for Neteller to return 100% of the money it is holding and right now sees fit to hold indefinitely. Or are you perfectly content with the expediency with which Neteller is now acting? I have posted that my colleagues and I are EVALUATING the possibility of suing in order to hold Neteller responsible for its actions; and from that, you miraculously are able to divine that my motivation is tantamount to that of an ambulance chaser, with no concern other than "oversized fee." Can you read palms too? Your extra-sensory powers notwithstanding, please try and understand that others might see the upside in putting the screws to Neteller now, rather than patiently waiting for it to return the money. [/ QUOTE ] I *COMPLETELY* agree with his "miraculous divination" that your motivation is "tantamount to that of an ambulance chaser". COMPLETELY, and it's not even close. I'm willing to be more alarmist than anyone else is being: THIS IDEA OF A CLASS ACTION LAWSUIT IS HORRIBLE, AND IF IT WENT FORWARD AND SOMEHOW WINS WE WOULD GET PENNIES. This thread has me more worried than I have been at any time in this whole fiasco. There is LOTS of (albeit soft) evidence that Neteller is in fact being prevented from returning our money to us, and *YOU*, sir, have absolutely *NO* evidence for your claim that they will never return the money. The biggest piece of suggestive evidence to me is that Neteller has a viable business outside the USA, and they want to continue to operate it. They can't do that if they steal all our money. I think that if we wait for the dust to settle, we have a pretty decent chance of getting our money back. I'm not thrilled with that, but I'll live. If a class action suit goes forward to the point that Neteller is completely nailed and has to pay a big settlement including ambulance-cha... oops I mean lawyers' fees, they will likely go bankrupt and we will get next to nothing. My only comfort is that I doubt that this sort of case has much of a chance, but I don't know the law well enough to be sure of that. You *ARE* an ambulance chaser, and a class action lawsuit would *HURT* us. Think calling a big all-in reraise with A2o instead of just folding your big blind and waiting for a better opportunity. Please do not do this. |
#110
|
|||
|
|||
![]()
Good luck. If I was neteller I'd tell you americans to f off and take the money. Sue your government and do something worthwhile.
|
![]() |
|
|