52 votes

What's the legal basis for a judge voiding Elon Musk's pay package?

A company's board of directors has a fiduciary duty to the shareholders, which means they are legally obligated to do what is in the shareholders' best interest. Board members cannot make decisions ...
Nuclear Hoagie's user avatar
25 votes

Brand new computer crashed during job interview - compensation?

Almost certainly not You note that "it was diagnosed as a having software issues," so you'd have to figure out exactly what software issue happened, and whose fault that was (assuming that ...
Ryan M's user avatar
  • 10.3k
21 votes

What's the legal basis for a judge voiding Elon Musk's pay package?

It's right there in the article: Rather than negotiate against Musk with the mindset of a third party, the Compensation Committee worked alongside him, almost as an advisory body. In a public ...
Therac's user avatar
  • 2,908
13 votes
Accepted

Can an employer force a salaried employee to take a sick day if employee has worked 40 hours?

I believe that legally they can't force her to use sick leave since she has met the 40 hours minimum required as a salaried employee. Is this correct? Unfortunately, as far as the Department of Labor ...
Ron Beyer's user avatar
  • 9,235
11 votes

Defendant compensation after not guilty verdict

Anyone found not guilty may apply to the judge to have his legal costs paid out of central funds; this is not automatic, but is usual if the court agrees that the charges should not have been brought. ...
Tim Lymington's user avatar
9 votes
Accepted

Are public defenders commonly paid "per defense"?

The answer depends on the jurisdiction, the court, and how the public defender system is set up. This answer addresses state court indigent defense at the trial level. In many jurisdictions, state ...
DavidRecallsMonica's user avatar
8 votes
Accepted

What kind of compensatory damages are available in a class action lawsuit (landlord/tenant)

Usually, the compensation would be B (economic damages plus prejudgment interest at the appropriate rate), together with court costs other than attorney fees. But the lease, or depending on the exact ...
ohwilleke's user avatar
  • 206k
5 votes

Do governments need to compensate business owners if they temporarily force a business closure?

No Always assuming that the government has operated within the limits of its powers or, at least, that if they have exceeded those powers the excess was in good faith. First, there is the issue of ...
Dale M's user avatar
  • 205k
5 votes
Accepted

Compensation for gays charged under sodomy laws after Lawrence v Texas

The victims of these unconstitutional laws would likely not be able to recover any damages or refunds of their fees. Generally speaking, the only avenue to challenge fees imposed as a result of a ...
bdb484's user avatar
  • 58.3k
5 votes
Accepted

How are payouts determined in civil suits?

Who's entitled to financial compensation in this case? Children? Parents? Grandparents? SO's? Friends? Usually, state law in the state where the person who died was domiciled at death specifies who ...
ohwilleke's user avatar
  • 206k
4 votes
Accepted

Under which conditions after winning a trial in California you can claim for compensation to cover attorney expenses?

Whether one can recover attorneys fees after litigation in California depends upon the nature of the case. Their amount may be affected by the nature of the judgment. The general rule is each party is ...
DavidRecallsMonica's user avatar
4 votes

Does Air France Cancellation policy violate EU 261/2004

Answering my own question after some more research (which I should have done in the first place). Yes, it's illegal both in the US and in the EU Many airlines do it anyway because they are desperate ...
Hilmar's user avatar
  • 1,323
4 votes

Do governments need to compensate business owners if they temporarily force a business closure?

This will depend on the details of the constitution. Generally, governments reserve sweeping powers for use in emergencies, often without automatic compensation. In Germany, one of the EU countries ...
o.m.'s user avatar
  • 17k
4 votes
Accepted

Am I required to provide for my abusive parents' life after I move out?

Unfortunately, it looks like the answer is yes. There was a bill passed around 2007 called the "Maintenance and Welfare of Parents and Senior Citizens Act, 2007". You should track down ...
mkennedy's user avatar
  • 1,355
4 votes

Do governments need to compensate business owners if they temporarily force a business closure?

This answer is as to the U.S. only. The framework of public law (i.e. the rights of people v. the government) is very different in some E.U. countries from the U.S. For example, French legal rules ...
ohwilleke's user avatar
  • 206k
3 votes
Accepted

Does any other country, besides the US, employ something substantially different from the ‘loser pays’ system?

Fee Shifting In Various Jurisdictions Spain (at least as of 1984) has rules on fee shifting (or the lack thereof) very similar to the American rule. The other countries of the E.U. (as of 1984) had ...
ohwilleke's user avatar
  • 206k
3 votes
Accepted

Defendant compensation for job salary

Most U.S. states provide zero compensation of any kind in this situation, although there are a few states that are exceptions. (Far more states provide compensation from conviction to release for a ...
ohwilleke's user avatar
  • 206k
3 votes
Accepted

Is it possible to claim civil compensation for assault with video evidence available?

Trespass to person Assault, battery and false imprisonment are all intentional torts that fall within the collective name of trespass to person. They are all actionable per se meaning the defendant ...
Dale M's user avatar
  • 205k
3 votes

When aquitted in a "The People vs XYZ" trial, is XYZ entitled to any compensation for all they went through as an innocent party?

Short Answer Is Bob entitled to any compensation from the government or anyone? Generally not, although there are some states where this is possible on a limited basis or in isolated circumstances. ...
ohwilleke's user avatar
  • 206k
3 votes

Is performing another's duty a valid form of consideration?

Contracts are routinely held to be valid even when there is negligible or literally zero financial “gain” (compensation, which they take into consideration in order to enter into the contract). A ...
user6726's user avatar
  • 215k
3 votes

Are all sums includable in a criminal compensation order in principle also recoverable privately via civil claims?

united-states Are all of these sums (as well as any others that may be accounted for in the amount of a criminal compensation order) theoretically also recoverable . . . by way of a private claim, ...
ohwilleke's user avatar
  • 206k
2 votes

Can you report use of product copy/likeness in video games for compensation?

It is possible that the copyright owner of the original product would offer to pay people who report violations. I think I have heard of a few that will, but most won't. At least under US law, they ...
David Siegel's user avatar
2 votes
Accepted

Do nonqualified stock options need term limits to be exempt from deferred compensation (409A) treatment?

Interesting questions. Let's start with the simpler question: the requirement that options be exercised within 90 days of service termination, while very common, is frequently waived especially in the ...
Jack Fleeting's user avatar
2 votes

Does Air France Cancellation policy violate EU 261/2004

THIS POST NEED AN UPDATE The French government created a law in March which allows Air France and other companies not to reimburse their customers. This law is therefore not compatible with the EU261 ...
Taeith's user avatar
  • 103
2 votes

What powers do civil courts have to probe the finances of a defeated defendant refusing to pay compensation or even claiming destitution?

These powers Find out what the debtor can afford to pay Send bailiffs to collect payment Get money deducted from wages Freeze assets or money in an account Charge the debtor’s land or property ...
Dale M's user avatar
  • 205k
2 votes

What can be considered a "reasonable excuse" when mistakenly breaching a court order?

canada In Canada, it is offence to breach "without lawful excuse" a condition imposed under a s. 810 peace bond. The burden is on the defendant to establish that they had a lawful excuse for ...
Jen's user avatar
  • 51.9k
1 vote

Can I pay the legal compensation with the plaintiff's IOU?

What you are describing is usually called a "setoff" and it is usually permitted. The mechanics of how this is done differs one jurisdiction to another, and based upon the fact pattern ...
ohwilleke's user avatar
  • 206k
1 vote

Who is liable for property damage compensation caused by a power surge?

You either need insurance (mine bought me a new iMac once) or you need someone whose fault the damage is. That may be hard to find.
gnasher729's user avatar
  • 33.4k

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