I'm sueing him in small claims court in Idaho for $5,000. I lost my client database when they shut me down along with 5 months of work and marketing money. Lawyers can't help him in the court room since it is small claims court. If he shows up I will definately lose. If he dosen't show up then I win.
2007-02-20 06:05:31 · 9 answers · asked by Jason 2 in Politics & Government ➔ Law & Ethics
Except of course you have to serve the CEO of Yahoo. And since he didn't have anything personally to do with this deprivation, the judge may dismiss it sua sponte. And because he may have never been in Idaho, the judge may dismiss for lack of jurisdiction sua sponte.
And if you sue the real entity who has harmed you -- Yahoo -- they DO get a lawyer. (And most small claims courts allow lawyers to be present, even if they don't present evidence.)
Just because he doesn't show up does not automatically mean you win. And your attempts to violate due process and skirt the system by hoping he doesn't show up (since you admit that his mere presence would mean you would win) won't go over too well with the Court.
2007-02-20 06:12:39 · answer #1 · answered by Perdendosi 7 · 1⤊ 1⤋
Big mistake, Yahoo is a corporation, and you must sue the corporation.
Second: Why they shut you down?
Why you didn't have a backup of this database?
Do you have a lawyer, a GOOD lawyer?
Did you read Yahoo LImitation of Liabibility?
LIMITATION OF LIABILITY
You expressly understand and agree that yahoo! And its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if yahoo! Has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 17 and 18 may not apply to you.
2007-02-20 07:00:49 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I fail to see how losing any service that Yahoo provides would cause you to lose your database. If you were in violation of Yahoo rules and regulations, you deserved whatever punishment Yahoo gives you, so, in a roundabout way, you lost your own database, and therefore Yahoo isn't responsible. That and you should always back up your work, so I am sure that the judge won't feel any pity for you.
If Yahoo was negligent, then you win, if you did something to warrant Yahoo's action, then you're screwed.
2007-02-20 06:12:47 · answer #3 · answered by Brian I 3 · 0⤊ 0⤋
You may win, but not receive anything. You see, in order to get funds, your case must be heard in the courts which hold jurisdiction over Yahoo. In this case, since Yahoo's offices are in new York, you would have to sue in New York.
2007-02-20 06:13:48 · answer #4 · answered by Marvinator 7 · 0⤊ 0⤋
i'm particular that a majority of those disputes are in the privateness policies and words of service you are able to approve in the previous they could even open an account for you. i'm afraid they'll proclude you from having any fulfillment. learn words of service on Yahoo bills. it could take you awhile yet you will locate it! Sorry!
2016-12-17 14:41:49 · answer #5 · answered by bornhoft 4 · 0⤊ 0⤋
Big mistake, Yahoo is a corporation, and you must sue the corporation.
I hope you win! I am sueing them too! And I am a lawyer! But am currently in Canada.
2007-02-20 15:09:55 · answer #6 · answered by Anonymous · 0⤊ 1⤋
I hope you win and wish you good luck! Any chance you could add me getting my id back they took for no reason as part of your suit? Maybe like some class action thing!
Good news here is I only need 8 more points to get to level two!
2007-02-20 06:10:37 · answer #7 · answered by Sherilynne B 3 · 0⤊ 0⤋
YOU CANNOT SUE THE CEO.
YAHOO IS A CORP. SO THE CEO HAS NO PERSONAL LIABI;ITY.
SUE THE COMPANY.
2007-02-20 06:14:06 · answer #8 · answered by charlotte q 2 · 0⤊ 0⤋
Uh... good luck.
2007-02-20 06:12:32 · answer #9 · answered by Winette 5 · 0⤊ 0⤋