| [News] Motion for Summary Judgement Against Amiga to be Heard on Nov 21, 2003. | ANN.lu |
| Posted on 16-Nov-2003 08:23 GMT by Rich Woods | 263 comments
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Motion for Summary Judgement Against Amiga to be Heard on Nov 21, 2003 in Washington Federal District Court.
Motion for Summary Judgement Against Amiga to be Heard on Nov 21, 2003 in Washington Federal District Court.
It also looks like Amiga is again without counsel.
"This matter comes before the Court on "Plantiffs' Motion for Judgement and dismissal of Counter Claims for Lack of Representation." Although corporations must be represented by counsel, defendant's failure to retain new counsel has not yet been given rise to a sanctionable failure to prosecute. Plantiff's motion for judgement and dismissal of the counterclaims is DENIED. Defendant must, however, obtain counsel to defend this litigation if it hopes to avoid an adverse ruling on plaantiff's pending motion for summary judgement.
DATED this 7th day of November,2003.
/s/
robert S. Lasnik
United States District Judge
Get it here .
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| Motion for Summary Judgement Against Amiga to be Heard on Nov 21, 2003. : Comment 231 of 263 | ANN.lu |
| Posted by Rich Woods on 19-Nov-2003 20:52 GMT | In reply to Comment 227 (Christian Kemp):
Posted by Christian Kemp (Trusted user) on 19-Nov-2003 16:02:45
In Reply to Comment 221:
In Luxembourg, as far as I'm aware, even just being late with the monthly check (or bank transfer, rather) makes the company liable to paying a (considerable) fine.
I guess this entire discussion depends on the definition of "employee"... I would agree with the majority of people on here that "employee" refers to a situation where a regular amount of money goes from a company to a person in exchange for services rendered.
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I went over this in another thread - with the lega definition of an "employee".
In the US if your paid and you have an employement contract you're an employee with all the rights thereoff. (And lack of rights - in the "right to work" states - of which Arizona and Nevada are several).
To say you're an employee and are not getting paid negates the efinition of "employee".
Perhaps sammyface can research the difinition of "employee" both here in the US and also in the EU - I am sure the EU has a comman efinition of employee.
Also sammyface the death or disability of a person can negate contracts.
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From what I gather (and anyone can feel free to correct me with factual information), the current Amiga Inc./Bill McEwen definition of "employee" is that of people doing work for them, but not necessarily of these people being rewarded by a predetermined and timely-paid amount of money. It would be
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Maybe sammyface might find this interesting in his legal pursuit of knowledge...
http://faculty.gvc.edu/ssnyder/404/studyguide.html
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Sammyfce might find this interesting also in his pursuit of the law...
http://www.lectlaw.com/d-d.htm
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EMPLOYEE - A person who is hired by another person or business for a wage or fixed payment in exchange for personal services and who does not provide the services as part of an independent business; Any individual employed by an employer.
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Above is a legal definition
http://www.lectlaw.com/def/e009.htm
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Maybe sammy face can loook up the definition of "altered" and "left out" and do a crituque of both as would be legally defined.
He could also look up FIRST - in regards to his posting the court documents "first".
Another interesting world might be "liar".
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interesting to see if any of the people currently doing work on any Amiga Inc,. project have other employers, or other sources of income.
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Of course they do, peake, akey and the rest aren't paying their bills while waiting for "another round of funding" - only a fool would "work" for nothing. bills have to be paid somehow.
Opps -
EMPLOYER - A person or business who pays a wage or fixed payment to other person(s) in exchange for the services of such persons. |
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