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JoeSchmuckatelli
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Everything posted by JoeSchmuckatelli
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So you discount testimony as Evidence? Boeng approves.
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@taterI hear your concern about false claims but I think you would force an almost impossible standard on someone subject to harassment. Think about the world that would be: some people feeling they have to record every encounter they have with others, some people fearing that every interaction will be recorded and possibly used against them... It's dystopian. The fact is that testimony is evidence. You brought up criminal law earlier. The person who witnessed a crime (but did not record it) is still a valid witness. Simply relating what they saw is legally cognizable. The weight of how compelling witness testimony is compared to other evidence - whether physical, recorded or otherwise - is a judgment call. Juries are actually pretty good at this. They can listen to the respective stories, judge the evidence and decide who is the most credible. All of which is to say that witness testimony is admissible without corroborated support. Forcing people to have an overly high bar to even bring a claim (credible or not) is a bad thing. People are good at weighing different testimony and other evidence and making judgments about the credibility and veracity of the evidence ... ...
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Well - one of the things companies can do is a Motion to Dismiss. The plaintiff has to show they actually have a claim with the minimum of facts to be able to present to a jury. Does not mean the plaintiff will succeed - but if its wholly made up? Gone. (Mind you, that's a pretty low bar). OTOH - lots and lots of spurious claims do get dismissed. I had one where we discovered the basis of the claim was totally fraudulent, and not only did we get the claim dismissed, we got sanctions against both the client and the plaintiff's counsel. (Sweet bit of investigative work on my part, if I do say so myself).
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Well - you know... that's what Juries are for: the "Sniff" test. If it smells fishy, they're pretty good at sussing that out.
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You don't really need to. It's entirely a plaintiff's piece, playing to a sympathetic audience. Still, it lays out what the claims are for anyone who's stumbled upon the news.
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It is true that companies are routinely hit with employment discrimination suits. What isn't common is the specific allegations in the video I posted. Certainly, in a public gas station bathroom, it's not uncommon to find racist graffiti... but less so at a workplace. GM had a similar incident GM on graffiti at plant: 'It's unacceptable.' (newschannel5.com) and had this to say: The allegations further claim that supervisors were the source of 'N-Word' usage; and this is uncommon. Similarly the allegation of physical segregation is rare. FWIW, I served for a time as a defense attorney for large companies and am quite familiar with what Tater is saying. And, for the most part, he is correct. The vast majority of the cases are, indeed, overstated and especially so for a popular company like Tesla. Plaintiff's counsel will also try to make their cases seem especially egregious and play to public sympathies to the press. Doesn't actually lend credence to their case - but is a tactic for swaying public opinion and trying to force a favorable settlement, even when the claims are fairly weak. This is ultimately one of the factors of the 'legal economy' that soured me on the practice of law. I'm someone who believes strongly in fighting for what is right... but more often than not what wins is what is expedient or pragmatic.
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KSP2 Hype Train Thread
JoeSchmuckatelli replied to Whirligig Girl's topic in Prelaunch KSP2 Discussion
So... Are y'all guessing this is going to be an Aricebo message containing vid? -
I will add: this kind of sensational news is often one sided clickbait. Plaintiffs often overstate their cases in the hopes of a jury award... Although if true, they certainly state a claim for which relief should be granted. Which brings up the importance of the jury. Shrug - whether it even reaches a jury is kind of unlikely. Thing is that companies get sued all the time, sometimes with meritorious claims sometimes for utter nonsense, and the sad truth is that it is often cheaper to settle than prove innocence. Will be interesting to see how this pans out
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Upon reflection, I agree and retract my statement. Was intended to be snarky-funny but fails. Mea culpa
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https://www.msnbc.com/the-reidout/watch/elon-musk-s-car-company-tesla-faces-allegations-of-racist-discrimination-against-black-employees-133168709936 Ouch (Worth watching)
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KSP2 Hype Train Thread
JoeSchmuckatelli replied to Whirligig Girl's topic in Prelaunch KSP2 Discussion
Seriously... I'm bored of other games. Release early access for PC on STEAM to give yourselves time to unfug the console port. -
ESA members spend too much on social support. They don't have anything else to spare. Retracted
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totm nov 2023 SpaceX Discussion Thread
JoeSchmuckatelli replied to Skylon's topic in Science & Spaceflight
technically not a bad idea. But if you are Isaacman... you want that 'experience'. Which you get as a man in a suit floating in the infinite... but you DON'T get as a man in a pod. -
totm nov 2023 SpaceX Discussion Thread
JoeSchmuckatelli replied to Skylon's topic in Science & Spaceflight
... Because your suggestion was 'not the way things are done'? (some people are wedded to the traditional) Or did you get constructive arguments about why they thought it would not work? -
KSP1 Computer Building/Buying Megathread
JoeSchmuckatelli replied to Leonov's topic in KSP1 Discussion
Ouch! https://media.tenor.com/images/39853c6e1c70c94554be4a1c56f53d20/tenor.gif -
KSP1 Computer Building/Buying Megathread
JoeSchmuckatelli replied to Leonov's topic in KSP1 Discussion
@Nuke how do like the new screen? -
Long Range Scifi Space Combat
JoeSchmuckatelli replied to Spacescifi's topic in Science & Spaceflight
You know - the more I read @Spacescifi's posts, and think of shows like Expanse (where both are *mostly* trying to do 'hard scifi' or at least not bend the current understanding of physics too much)... I'm reminded that we started riding horses 5500 years ago, and that only changed a bit over 100 years ago. Until & unless we make some kind of revolutionary leap in understanding, we are stuck in our own neighborhood for a loooong time. That said - this has been an interesting read; thank everyone! -
The Analysis of Sea Levels.
JoeSchmuckatelli replied to mikegarrison's topic in Science & Spaceflight
Let's see if anything comes of this: Big coal states eye small nuclear reactors for grid, economy - POLITICO Sadly, it's a slow process: -
Probably better for them to underpromise at this point.
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totm nov 2023 SpaceX Discussion Thread
JoeSchmuckatelli replied to Skylon's topic in Science & Spaceflight
Necessity is the mother of invention! -
KSP2 Hype Train Thread
JoeSchmuckatelli replied to Whirligig Girl's topic in Prelaunch KSP2 Discussion
I'm at... resigned. Still excited about the game, but resigned that it won't be anytime soon. -
How do i paste pictures from MS paint in the forums?
JoeSchmuckatelli replied to Newgame space program's topic in The Lounge
This -
totm nov 2023 SpaceX Discussion Thread
JoeSchmuckatelli replied to Skylon's topic in Science & Spaceflight
Why reinvent the wheel? (Seriously. I read an article probably 20 years ago that NASA had and was studying late medieval armor just for the articulation. I think they've done it for deep sea as well.) Pretty amazing what a craftsman can do with a hammer! @Beccab You know someone is serious when they make t-shirts and patches! -
Maybe they could get some entrepreneurial 3d party to make engines for them?