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#21
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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. |
#22
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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.
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#23
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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. |
#24
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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). |
#25
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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.
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#26
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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! |
#27
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Also, class actions are a scam. [/ QUOTE ] My favorite is when they sue a company on behalf its own shareholdeers. What a freaking con. |
#28
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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 ] 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 |
#29
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[ 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? |
#30
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[ 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. |
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