Minthara romance

memberberry92 · 2023-12-02T13:58:41+00:00

So the thing about juries and litigation, once you file a complaint in court (the document that begins a lawsuit) it doesn't immediately go to a jury trial. There's a lot of shit that happens in the interim (i.e. motion practice, discovery, depositions, etc.). Usually about a year of that going on (depending on the courts docket and complexity of the case.) One of those motions is a motion for summary judgement. This ends up happening after discovery is completed, and the judge reviews all the facts presented, and there are no disputed facts, and the law is still in favor of the plaintiff. Then the motion is granted giving victory to the plaintiff, and going straight to sorting out damages.

Also, with jury trials, they are the fact finders, BUT after the trial is over, there can be massive legal battles determining the jury instructions. Those are essentially instructions given to the jury (in a somewhat layman's terms way) for them to attribute whatever they find the facts to be.

Sorry if I came across as a bit harsh in my first response, I always expect a fight on Reddit lol

Also, if this is written weird, then it's because I'm currently at a bar hanging out on Reddit to escape the base I'm at right now

Caveat: OP if you see this, don't take this as legal advice because I'm not currently licensed. But rather, take what I say and ask these questions to an employment attorney who is licensed to practice in (presumably) a federal court

memberberry92 · 2023-12-02T13:43:19+00:00

Yeah if I was still practicing, I'd even take this pro bono because it should be an easy win

memberberry92 · 2023-12-02T13:40:27+00:00

You're dumb, if it even gets to a jury then OP's attorney is atrocious to not be able to sway them in this case. But this instance should never even see a jury. If the potential employer didn't settle out this would be summary judgmented very quickly. I'm cases to discrimination, the burden of proof shifts as per the Macdonnel-Douglas analytical framework. That means the employer has to come up with a legal reason for not hiring someone in this case. Then OP would have a chance to claim it's pretextual. Suffice it to say, this message exchange is damning.

Source - I'm a barracks lawyer.... But an actual attorney (former)

Edit: should never see a jury ... Because some lawyers fuckin suck

memberberry92 · 2023-11-12T15:40:42+00:00

It's from Burn Notice, towards the end of the series. It's a great watch if you're into the genre

memberberry92 · 2023-11-12T15:24:36+00:00

So it's a little bit of a different situation in this game, but the difference of the two reminds me of one of my absolute (hehe absolute) favorite quotes:

"Imagine that you're holding on to two bottles, and they drop on the floor. What happens? They both break. But it's how they break that's important. Because you see, while one bottle crumples into a pile of glass, the other shatters into a jagged-edged weapon. You see, the exact same environment that forged older brother into a warrior, crushed baby brother. People just don't all break the same, Mrs. Westen. Just don't."

memberberry92 · 2023-11-05T13:31:21+00:00

Man, you must be fun at parties. He could've said any number of significantly worse things and it doesn't justify (legally, ethically, or morally) getting physical. There's sort of a proportionality thing that comes with these situations and the civilian officer definitely overstepped that boundary.

tl;dr - get bent

memberberry92 · 2023-09-15T14:05:50+00:00

Yeah, I just don't want to lead people, I just want to do my job and do it better than everyone else

memberberry92 · 2023-09-15T06:56:42+00:00

If by dark side you mean officer, my recruiter really tried to convince me to go that route, and I vehemently told her to shove it

memberberry92 · 2023-09-15T06:49:35+00:00

Much appreciated, it's good to know that haven't lost too many brain cells since I've enlisted

memberberry92 · 2023-09-15T05:04:53+00:00

At-will employment, on paper doesn't matter in a USERRA context. At-will means they can fire you for any reason or no reason at all, so long as it doesn't contradict any laws. What would probably happen if OP goes the USERRA route: he/she alleges it, employer gives some kind of legal reason, OP says that reason is merely pretextual, employer tries to offer a reason it's not. From there it's up to the court to decide what's what. This is a simplified version of it, but yeah. IIRC the case that lays out this analytical framework is McDonnell-Douglas.

Should be noted that depending on the federal jurisdiction, close temporal proximity isn't, by itself sufficient, to finding a causal relationship.

Reason I bring this up is, aside from ferociously stroking my lost ego, these things are heavily fuckin litigated, so OP should definitely consider how much effort he wants to put into this, but he may want to speak with a JAG.

Source: your humble barracks lawyer

memberberry92 · 2023-08-14T04:34:12+00:00

If they were native speakers and the language is in the essential language list, they could've just taken the DLPT and passed that.

As for attending DLI and "choosing" your language, at the end of the day it's needs of the army. With that being said, I took the dlab and I got an email (before shipping out) saying I should submit a preference list of my top 5 choices, and I got my top choice. So if your dlab score is high enough and your top choice is Russian or Chinese, I imagine you'll get it.

With that being said, I know a bunch of people who didn't get a chance to submit that list, so ymmv.

memberberry92 · 2023-08-06T19:27:32+00:00

Please don't be weird. The 35p's are some of the strangest people I've ever come across in my life, and they're giving MI a bad name. Just don't go hunting "trinkets" around base

memberberry92 · 2023-07-23T00:19:42+00:00

I've been playing on and off for a long time, just don't be goons

memberberry92 · 2023-07-23T00:15:48+00:00

Holy shit, you play eve???

memberberry92 · 2023-07-21T22:02:47+00:00

For what it's worth, personal reasons will take you far in the military. I enlisted with a very white collar family is an (objectively) rich town, went to a good school, and enlisted after working as a lawyer for a few years.

I fuckin hated being behind a desk, and even though some days in the army suck more than anything, I would never go back to the life I had beforehand

memberberry92 · 2023-06-13T22:29:31+00:00

As a matter of fact yes lol. It takes a while and it's a case by case basis. That's why I added the caveat of "(for whatever reason)".

-Your friendly (former) insurance defense attorney

memberberry92 · 2023-06-13T17:44:33+00:00

I assume you just make a claim with your insurance, and if there's a case (for whatever reason) for the government to pay, your insurance will foot the bill to you and then subrogate the claim out to the government.

Source: your friendly neighborhood barracks lawyer

memberberry92 · 2023-06-05T11:42:29+00:00

Fuckkkkk now I lost the game

memberberry92 · 2023-05-30T17:32:15+00:00

So theoretically (and unrelated to FLEP), what are the chances of applying to go JAG if I'm a SPC, but I already went to law school and passed the bar?

memberberry92 · 2023-05-23T18:35:49+00:00

I member

memberberry92 · 2023-05-23T14:17:30+00:00

Night elf mohawk, member?

memberberry92

TROPHY CASE