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Cyclopath
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PostTue Oct 13, 2020 6:08 pm 
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Randito wrote:
Given that the disgruntled client isn't willing to accept credit toward a future trip -- this seems more like someone pursuing their giant ego rather than someone that was deeply motivated to stand on the summit of Everest.

His suit claimed the guide cancelled the expedition for reasons that seem like they would feel unfair.  The Sherpas were "lazy and inefficient," a different client backed out, etc.  The tech bro didn't buy the serac thing and saw all this other stuff go down, so he probably thought he was being treated unfairly.  Hell hath no fury like a rich person scorned.
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altasnob
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PostTue Oct 13, 2020 6:28 pm 
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The first suit filed by the client in California has been dismissed. But the guide filed a second suit in King County in August. That case is still pending. But the guide is not the plaintiff in that case even though he was the one who filed it. The guide filed the King County case for "declaratory judgment." This means if the guide gets what he wants, the King County judge will sign an order saying he is right and the tech bro client will not be able to sue him anymore (it's a pre-emptory strike by the guide). Kind of confusing.

The tech bro Client has not answered the complaint yet. I am wondering if he will just give up and let the guide have the declaratory judgment, which would be the end of the dispute (and a lot of egg on tech bro client face).
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Slugman
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PostTue Oct 13, 2020 9:47 pm 
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Good thing we have captain obvious here to tell us that a promise never made doesnít have to be kept.  rolleyes.gif

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Chief Joseph
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PostTue Oct 13, 2020 11:38 pm 
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A mans word used to mean something, welcome  to the new America, although not sure it's that new.

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Doppelganger
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PostWed Oct 14, 2020 2:19 pm 
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Cyclopath wrote:
"lazy and inefficient"

Ask or pay other people to do the busy work that you don't want to do.

Call them lazy and inefficient.

Hmm.

Just to be clear the hmm is directed at the idiot who thought they were entitled to buy a ticket on a mountain ride, not Cyclopath biggrin.gif
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Cyclopath
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PostFri Oct 16, 2020 9:07 am 
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The guy says it was his attorney who added "lazy and inefficient" and not him, and that he regrets it being said ... I don't know where else the lawyer would have got that impression but from his client thought.
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gb
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PostSat Oct 17, 2020 8:29 am 
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There is a reason this dude Bookman was on a guided expedition; he, in and of himself, was incompetent in mountain climbing. There is a difference between a college education and judgement. Many presumably "smart" individuals lack judgement (not only in the mountains). In light of the guide's previous terrible experience in the same icefall, there is every reason to learn from that  tragedy and take a lower risk profile. Experience comes from learning from previous experiences and therein making good choices. This is all well beyond the capacity of understanding of the naive Bookman (in terms of mountain experience).
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seattlenativemike
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PostSun Oct 18, 2020 8:23 pm 
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33teeth wrote:
altasnob wrote:
I don't understand his motivations.

I would estimate that he's a dick.  Plain and simple.  That seems plenty of motivation for a lot of people.

An entitled dick
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OutOfOffice
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PostThu Oct 29, 2020 11:27 am 
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Attorney here. Glanced at the docket and complaint really quick. The tech CEO's attorneys should be sanctioned and bar complaints filed. It would be fun to be the attorneys representing the mtn guide in this case...

Unfortunately our legal system doesn't sufficiently disincentivize "bully suits" like the one filed by the tech CEO in CA, particularly if the Plaintiff is rich. Sure, the tech CEO may have to pay the other side's costs, but to him its probably pennies.
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Mike Collins
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PostThu Oct 29, 2020 12:11 pm 
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OutOfOffice wrote:
Unfortunately our legal system doesn't sufficiently disincentivize "bully suits" like the one filed by the tech CEO in CA

The defendant can asked for a Motion for Summary Judgement. The judge might dismiss the suit as frivolous if it lacks any merit.
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OutOfOffice
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PostThu Oct 29, 2020 1:20 pm 
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Mike Collins wrote:
OutOfOffice wrote:
Unfortunately our legal system doesn't sufficiently disincentivize "bully suits" like the one filed by the tech CEO in CA

The defendant can asked for a Motion for Summary Judgement. The judge might dismiss the suit as frivolous if it lacks any merit.

Sure, but it doesn't stop the initial filing of the lawsuit. Parties still have to spend money, time, and stress, and be a burden on the judiciary. Summary Judgment motions aren't cheap and have a pretty high bar for success (which would likely be met here).
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BigBrunyon
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PostThu Oct 29, 2020 7:15 pm 
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Someone tell em to get my name on this lawsuit and VERIFY that i am on the list of people that get paid large sums when it's over!

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Stefan
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PostFri Oct 30, 2020 8:35 am 
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someone help me here.  If this action occurred in Nepal...how is it that there is jurisdiction in the United States?  Just trying to understand something with legalese.  You could do the same with any business if the activity takes outside of the United States?

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altasnob
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PostFri Oct 30, 2020 9:15 am 
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It is alleged the climber guide made an oral promise to the tech bro client while sitting on the tech bro's couch in California. Tech bro sued guide (personally, not the LLC) in California. California dismissed saying the LLC needs to be sued and the LLC is in King County.

Other civil attorneys will have to explain whether an alleged promise made by a Seattle LLC to a California client in Nepal can be litigated in the US. That part is above my pay grade. But again, at least one of the claims was allegedly made in the US.
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OutOfOffice
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PostFri Oct 30, 2020 10:58 am 
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BigBrunyon wrote:
Someone tell em to get my name on this lawsuit and VERIFY that i am on the list of people that get paid large sums when it's over!

haha, I'm pretty sure that's how it works!

With regard to the alleged oral promise happening in Nepal, the parties are U.S. citizens so can take advantage of their respective state courts and federal courts. Plus the main contract was signed in the US. There may be some issues with suing the CA citizen in WA state court depending on his "contacts" with this state, but I'm not going to go down that rabbit hole here nor do I know enough about the details.


*this message is not intended to be legal advice*  biggrin.gif
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