Michaels Brown's parents sues over "deprived future wages"

[Sliske]

How about this guy sue Michael Browns parents for raising a thug that robbed him, then harbouring and fuelling a hate mob of race baiters, violent thugs, thieves and professional victims, that would go on to do what you see below in his name?

[Steve French]

His (Michael Brown's) estate is entitled to it, and in the case of an 18 year old who may not have kids, his estate would pass to his natural parents. It has nothing to do with whether he would have supported them in the future, the comparisons to alimony are ridiculous, and once again the internet revels in its legal ignorance.

Hah, how dare he ask a question about the legality of this situation? You've clearly proven how superior you are to the "internet".

[Queen of Hamsters]

Don't those two statements sound contradictory to you? How were they accurate if you've remained uninformed and the information is there in the report for everyone to see? They purposely left out the most important part of the case, and after reporting it as some hate crime of a "systemically racist police state" go silent on what actually happened, and never correct the story.

Meh, wouldn't be the first time newspapers stop reporting on something after it's lost the novelty. And the "news"paper which tried to paint it as a hate crime = they're not exactly credible. The real newspapers didn't paint it in any light, just giving the news when it was current.

[anyaka21]

The investigation into his academic and medical history has no bearing on the case. IF Wilson (and subsequently Ferguson PD) is found responsible, then you'd look to his records to see future lost earnings, which is often a part of civil suit remedies. Other factors that go into it are punitive rewards, etc. A wrongful death case looks immediately at what the defendant knew, and his possible justifications into his/her actions. Seeing as Darren Wilson didn't know Michael Brown except to know he resembled a description of suspect in a recent robbery, I can't fathom why Brown's academic records are relevant to whether he was wrongfully killed. IE, the records are pertinent only after the defendant is found responsible, and at that point, it's the court who orders the records, not the defendant.

As a defense attorney, the first thing that comes to my mind, when the defendant asks for these records, is that they want to try and introduce them during the case, in an attempt to victim-blame and defame the deceased, who in this current case is unable to defend himself from such accusations. I reiterate: they have no legal bearing on a wrongful death case.

But I mean, it "seems like the right time for them to be pursuing this" to you, so I guess we have to go with that uninformed opinion, huh?

Considering the evidence as presented to us in the form of this thread says the parents are suing for potential lost wage earnings, that would then be relevant to the discussion on this particular thread. Thus having people respond to said topic, since it is the topic for discussion seems entirely appropriate.

[alexkeren]

Why would you wish that on the parents that lost their child? There's no good reason why Michael Brown should be dead. In other industrialized countries, they understand the value of police-community relations and don't resort to murder whenever they see people of a minority race.

Also, it's pretty telling that the Ferguson Police Department, having shown blatant systemic discrimination towards people of color, as a majority-white institution, would recycle the Donald Trump talking point of asking for "academic records". When have Darren Wilson's "academic records", or Donald Trumps "academic records" been called into question? It's only when closet racists seek to validate their assumptions about people of color that the subject comes up.

A) It wasn't Murder, video evidence clearly shows Michael attacking the cop MORE THAN once. And he nearly beat the cop to death the first time he attacked him. Attacking a cop an additional time by turning back instead of continuing to walk away, and taking multiple shots before hitting the ground, was strong evidence before the test results h was on drugs.

B). In any civil suit alleging lost future wages one's past employment or academic records are used to determine potential earning amounts. And the medical is to establish possible longevity. Thus the first rate determines pay rate and the latter determines likely length of employability to determine base amount for lost future wages.

[FiveDkp]

A wrongful death suit will be pretty hard to prove especially when self-defence can be raised.

This is why you have risk insurance :P

[alexkeren]

The investigation into his academic and medical history has no bearing on the case. IF Wilson (and subsequently Ferguson PD) is found responsible, then you'd look to his records to see future lost earnings, which is often a part of civil suit remedies. Other factors that go into it are punitive rewards, etc. A wrongful death case looks immediately at what the defendant knew, and his possible justifications into his/her actions. Seeing as Darren Wilson didn't know Michael Brown except to know he resembled a description of suspect in a recent robbery, I can't fathom why Brown's academic records are relevant to whether he was wrongfully killed. IE, the records are pertinent only after the defendant is found responsible, and at that point, it's the court who orders the records, not the defendant.

As a defense attorney, the first thing that comes to my mind, when the defendant asks for these records, is that they want to try and introduce them during the case, in an attempt to victim-blame and defame the deceased, who in this current case is unable to defend himself from such accusations. I reiterate: they have no legal bearing on a wrongful death case.

But I mean, it "seems like the right time for them to be pursuing this" to you, so I guess we have to go with that uninformed opinion, huh?

Except the CASE is the suit BROUGHT by the PARENTS for lost future wages. So those records are ABSOLUTELY relevant.

[eschatological]

Except the CASE is the suit BROUGHT by the PARENTS for lost future wages. So those records are ABSOLUTELY relevant.

The case was brought for wrongful death, in 2015. Unless you want to point to another lawsuit, but my quick research on the subject seems to suggest that's the only lawsuit the family has filed.

"Lost future wages" is a remunerative remedy in civil suits, including this one. In some cases you can sue for it, but that doesn't appear to be the case here. You'd have to have standing to sue for that, and to have standing in this particular case, you'd need to be a beneficiary of Michael Brown's lost future wages, IE, a dependent. In this current case, it's merely a remedy, and one which wouldn't net much compared to the punitive reward against Ferguson PD, if and only if they were found responsible. Which, again, I've reiterated, is unlikely.

- - - Updated - - -

Considering the evidence as presented to us in the form of this thread says the parents are suing for potential lost wage earnings, that would then be relevant to the discussion on this particular thread. Thus having people respond to said topic, since it is the topic for discussion seems entirely appropriate.

Except the "debate" is about the ridiculousness of suing for lost wages, and how no one deserves that, and a lot of ad hominem "he should be dead" posting. Seeing as that's factually not the case, I find the whole thread something beyond ridiculous and approaching awe-inspiring at the shallowness of legal analysis.

[anyaka21]

The case was brought for wrongful death, in 2015. Unless you want to point to another lawsuit, but my quick research on the subject seems to suggest that's the only lawsuit the family has filed.

"Lost future wages" is a remunerative remedy in civil suits, including this one. In some cases you can sue for it, but that doesn't appear to be the case here. You'd have to have standing to sue for that, and to have standing in this particular case, you'd need to be a beneficiary of Michael Brown's lost future wages, IE, a dependent. In this current case, it's merely a remedy, and one which wouldn't net much compared to the punitive reward against Ferguson PD, if and only if they were found responsible. Which, again, I've reiterated, is unlikely.

- - - Updated - - -



Except the "debate" is about the ridiculousness of suing for lost wages, and how no one deserves that, and a lot of ad hominem "he should be dead" posting. Seeing as that's factually not the case, I find the whole thread something beyond ridiculous and approaching awe-inspiring at the shallowness of legal analysis.

Again, the topic of the thread is.......Michaels Brown's parents sues over "deprived future wages". Yes, that is the ACTUAL TITLE. Thus, belittling the people commenting on said topic is pretty harsh, esp for a moderator.

In terms of the people commenting on Michael Brown and his death, that is also part of the topic since Michal Brown is in the title of the topic as well.

In terms of "Seeing as that's not the case," if in fact you are saying he should not be dead, I believe someone already addressed that.

Thus, I'll ask this question, if indeed Michael Browns parents are suing for lost wages, as the title asserts, and as you claim the case comes up in May of 2017, should the police or the polices lawyers rightfully looking into Michael Browns history in terms of his academics, medical history etc..?

[Mormolyce]

When a criminal prosecution doesn't work, people often pursue civil charges. Happened in the OJ Simpson case for example.

But sure alt right shitlords, get all triggered over it.

[TITAN308]

When a criminal prosecution doesn't work, people often pursue civil charges. Happened in the OJ Simpson case for example.

But sure alt right shitlords, get all triggered over it.

When a lawsuit is so frivolous or asinine, everyone should be upset over it. Waste of tax payer dollars.

[Mormolyce]

When a lawsuit is so frivolous or asinine, everyone should be upset over it. Waste of tax payer dollars.

Their child is dead.

But please, don't let me get in the way of your agenda.

[eschatological]

Thus, I'll ask this question, if indeed Michael Browns parents are suing for lost wages, as the title asserts, and as you claim the case comes up in May of 2017, should the police or the polices lawyers rightfully looking into Michael Browns history in terms of his academics, medical history etc..?

The point is, Michael Brown's parents ARE NOT SUING FOR LOST WAGES. They're suing for wrongful death. One of the remedies (which in layman's terms basically means the reward/settlement) factors in "lost future wages," which is a pretty standard remedy to ask for even in the case of an unemployed 18 year old with small prospects. It's by no means considered the main remedy in this case. As far as I can tell, the lawsuit is for 75k and attorney fees, and any punitive damages (which is a remedy based on deterring the civilly responsible party from committing the tort again).

So when the PD is asking for his academic and medical records, the family is (rightfully, imo) saying it's irrelevant to the wrongful death cause of action, and the defense (of the PD) is trying to hook into a remedy to gain discovery for information about Brown and irrelevant character evidence. Which could only be used to try and defame the deceased, even though it has no bearing to a wrongful death case. In other words, as a defense attorney, I'd say the PD's defense is trying a diversionary tactic, but in this day and age of internet memesters and shallow discourse, they're conflating legal maneuvering with grand motivations and grand delusions. No one in this case is saying Michael Brown is owed millions (or even hundreds of thousands) of dollars for "lost wages."

[TITAN308]

Their child is dead.

But please, don't let me get in the way of your agenda.

What does this have to do with what I said?

But in case it was missed back before;

Fuck Michael Brown and fuck his family.

I mean, just so we are clear.

[anyaka21]

The point is, Michael Brown's parents ARE NOT SUING FOR LOST WAGES. They're suing for wrongful death. One of the remedies (which in layman's terms basically means the reward/settlement) factors in "lost future wages," which is a pretty standard remedy to ask for even in the case of an unemployed 18 year old with small prospects. It's by no means considered the main remedy in this case. As far as I can tell, the lawsuit is for 75k and attorney fees, and any punitive damages (which is a remedy based on deterring the civilly responsible party from committing the tort again).

So when the PD is asking for his academic and medical records, the family is (rightfully, imo) saying it's irrelevant to the wrongful death cause of action, and the defense (of the PD) is trying to hook into a remedy to gain discovery for information about Brown and irrelevant character evidence. Which could only be used to try and defame the deceased, even though it has no bearing to a wrongful death case. In other words, as a defense attorney, I'd say the PD's defense is trying a diversionary tactic, but in this day and age of internet memesters and shallow discourse, they're conflating legal maneuvering with grand motivations and grand delusions. No one in this case is saying Michael Brown is owed millions (or even hundreds of thousands) of dollars for "lost wages."

spoken like a true lawyer and not even answering the question that was asked....

[alexkeren]

The case was brought for wrongful death, in 2015. Unless you want to point to another lawsuit, but my quick research on the subject seems to suggest that's the only lawsuit the family has filed.

"Lost future wages" is a remunerative remedy in civil suits, including this one. In some cases you can sue for it, but that doesn't appear to be the case here. You'd have to have standing to sue for that, and to have standing in this particular case, you'd need to be a beneficiary of Michael Brown's lost future wages, IE, a dependent. In this current case, it's merely a remedy, and one which wouldn't net much compared to the punitive reward against Ferguson PD, if and only if they were found responsible. Which, again, I've reiterated, is unlikely.

- - - Updated - - -



Except the "debate" is about the ridiculousness of suing for lost wages, and how no one deserves that, and a lot of ad hominem "he should be dead" posting. Seeing as that's factually not the case, I find the whole thread something beyond ridiculous and approaching awe-inspiring at the shallowness of legal analysis.

You haven't read the article from the OP, nor seem to truly be versed on what is going on.

Brown's parents argue in their lawsuit that the death of their son during an August 2014 confrontation with Ferguson police officer Darren Wilson deprived them of financial support through his future potential wages.

The parents were the one initiating the push for that remedy, as such the defense has every right to ask for the information.

- - - Updated - - -

The point is, Michael Brown's parents ARE NOT SUING FOR LOST WAGES. They're suing for wrongful death. One of the remedies (which in layman's terms basically means the reward/settlement) factors in "lost future wages," which is a pretty standard remedy to ask for even in the case of an unemployed 18 year old with small prospects. It's by no means considered the main remedy in this case. As far as I can tell, the lawsuit is for 75k and attorney fees, and any punitive damages (which is a remedy based on deterring the civilly responsible party from committing the tort again).

So when the PD is asking for his academic and medical records, the family is (rightfully, imo) saying it's irrelevant to the wrongful death cause of action, and the defense (of the PD) is trying to hook into a remedy to gain discovery for information about Brown and irrelevant character evidence. Which could only be used to try and defame the deceased, even though it has no bearing to a wrongful death case. In other words, as a defense attorney, I'd say the PD's defense is trying a diversionary tactic, but in this day and age of internet memesters and shallow discourse, they're conflating legal maneuvering with grand motivations and grand delusions. No one in this case is saying Michael Brown is owed millions (or even hundreds of thousands) of dollars for "lost wages."

Except the parents are asking for lost wages.

As a moderator I urge you to read the article linked in the OP, because you obviously haven't and haven't even entered the shallow end yet of this particular discourse.

[The Penguin]

"Future wages" lololololoololololololololololololol. More like welfare checks.

Nononono. If serious, they will have to calculate the future robberies this "fine upstanding man" would of committed out of "desperation" to compete against the intrinsic White Privilege in the USA. Calculate these over the course of his life as lost wages, and THEN award them to the parents. Maybe it'd fly in California, but I doubt it'll fly in Missouri.

[Total Crica]

there is plenty of people with much shittier lives that don't attack police officers

Yes, there are people that just give up and die. There are also people that don't and fight to live in the only way they feel is left to them.

[Mormolyce]

Shouldn't have robbed a store and attacked a police officer.

Even if true, that doesn't deprive his family of legal avenues.

What does this have to do with what I said?

But in case it was missed back before;

Fuck Michael Brown and fuck his family.

I mean, just so we are clear.

Your personal ideology is clear to everyone

- - - Updated - - -

He is dead because he attacked an officer of the law attempting to rightfully arrest him.

No, actually he was shot in the hand when he "attacked" the officer. Said officer then pursued him down the street, then shot 6 rounds into an unarmed man. That's what killed him.

Now if he'd been shot in the struggle in the car, your statement might've been correct.

[Karon]

Yes, there are people that just give up and die. There are also people that don't and fight to live in the only way they feel is left to them.

*the only way that doesn't include hard work.