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Case Study of the Day No. 15 (“Snakes on a Plane”)

Case Study (Courtesy of AVVO)

Here Lies Snakes Formerly On the Plane. RIP

Question (from anonymous in California):

“My boss or Samuel L. Jackson owes me $100. We all know Samuel L. Jackson is dope. Not only is he the Foot F*cking Master and a Bad MotherF*cker he is without question the coolest and biggest movie star in the history of film. He is my second-favorite ever, just behind every girl who has ever done porn. Almost all of us. I told my boss that the no other actor’s film accounted for a higher total box office than that generated by SLJack movies. He made a big fuss about it and so I bet him my last $100. Of course, I’m right. Just google SLJack. Proof of my pop culture superiority is the first thing to show up. That was ten days ago and he just laughs when I bring it up. Can I press charges against for theft and then sue him for damages.”

Response (from Attorney Rob Schenk):

“Not a valid and enforceable contract. Also, I would be wary to tell a Judge about your illegal gambling (depending on where you made the wager). However, according to Wikipedia, you are actually wrong about the Samuel Jackson statistic. He is the 2nd highest (accounting for both supporting and leading roles).”

Moral of the Story: It’s the one that says “Bad MF” on it.

Can I Sue Wedding DJ?

Case Study (Courtesy of AVVO)

Question (from anonymous in Delaware):

“What actions can I take if a vendor will not refund payment for services not rendered? Our daughter was married over the weekend. Everything went well, except for the DJ service. The day before the wedding the vendor instructed the groom to find another DJ. We entered into a contract with this vendor five months prior and wrote a check for a non-refundable deposit. The bride and groom filled out and returned the requested paperwork weeks before the wedding date. I made the mistake of sending a good faith gesture balance payment for the contract to the vendor a week before the wedding because his contract stated that the balance needed to be paid upon arrival. The check was cashed and cleared. We still do not understand why this happened. The vendor left a message on our answering machine stating that he made several attempt to contact the bride and groom and that they were not returning his calls. I have cell phone detailed records that show no incoming or outgoing calls recorded until the day before the wedding. Our home phone records and email support our attempts to contact this vendor. After months of preparation the wedding was successful and beautiful. I sent a simple letter to the vendor requesting a prompt refund of the balance for services not rendered…”

Response (from Attorney Rob Schenk):

“You will have a claim for Breach of Contract against the DJ for failing to provide the promised services as set forth on the contract that you signed. Most likely, it will be irrelevant that the DJ attempted to contact you to let you know he could not make the wedding beforehand. Once he promised to perform at your wedding, it’s as binding as you promising to pay him.

The issue will be whether this DJ has any money to pay you, and whether it would be worth your time pursuing. Our system allows plaintiffs to recover attorneys fees only in certain situations (this will probably not be one of those situations). A judgment against the DJ will simply be a piece of paper in which the Judge states “X owes Y $,” and unfortunately, if the DJ ain’t got no money, you have only something that you can hang on your wall.

Kindest Regards and Good Luck.”

Moral of the Story: This DJ is giving DJs a bad rap. Nuff’ said.