#Senswatch Part IV: A Kakkophony of Errors

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Pokecheque

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Avs_19

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He did this over a tip and he's calling them entitled? That makes me have even more sympathy for the players.

Who knows how this is playing out privately in Ottawa but the players got lucky. The way this came out and the new information about the driver actually has most people talking about privacy and how they were wronged.
 

Pokecheque

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How... one party consent, driver in conversation, dash cam, the players doing the talking, nothing is showing any signs of extortion... it is a bad look, but there isn't really any legal recourse here.


I'm no legal expert, but 1, if the head of Uber Canada publicly stated that recording is a violation of policy and 2, if there's any evidence whatsoever he was trying to extort them or attempt to profit off the video's publication, they have grounds to take action. And since they are a bunch of rich young guys they can also just file lawsuits and bury the dude with legal fees, which he probably won't be able to make up for by driving people around since no one will want to ride with him anyway.

Let me be clear that I don't advocate they do this, just saying that's a possibility.
 

The Abusement Park

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I'm no legal expert, but 1, if the head of Uber Canada publicly stated that recording is a violation of policy and 2, if there's any evidence whatsoever he was trying to extort them or attempt to profit off the video's publication, they have grounds to take action. And since they are a bunch of rich young guys they can also just file lawsuits and bury the dude with legal fees, which he probably won't be able to make up for by driving people around since no one will want to ride with him anyway.

Let me be clear that I don't advocate they do this, just saying that's a possibility.

Extortion would be the only thing they could get him on. And of course you’ll need some damning evidence for a successful suit.
 

henchman21

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I'm no legal expert, but 1, if the head of Uber Canada publicly stated that recording is a violation of policy and 2, if there's any evidence whatsoever he was trying to extort them or attempt to profit off the video's publication, they have grounds to take action. And since they are a bunch of rich young guys they can also just file lawsuits and bury the dude with legal fees, which he probably won't be able to make up for by driving people around since no one will want to ride with him anyway.

Let me be clear that I don't advocate they do this, just saying that's a possibility.

Being against company policy doesn't mean it is illegal. If he tried to extort, then there certainly is something to base it off of, but there is nothing stating that is the case. He posted the video and let Canadian media know about it before Uber made him take it down. Uber isn't liable, nor is the driver. They can try to file lawsuits against the guy, but they have to have a case... or they risk abuse of process. Any attorney not just in it for the fees is going to say they shouldn't take that risk. They could very well end up suing and having to pay their fees, plus the plaintiff's fees along with getting nothing. That would make a dumb situation worse.
 

McMetal

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Well whatever the situation is, they certainly don't have a case against Uber itself, and that's who has the deep pockets. Drivers are independent contractors and Uber pretty much has no liability for anything they do. This guy has no money, suing will only make them feel better.
 

S E P H

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I'm no legal expert, but 1, if the head of Uber Canada publicly stated that recording is a violation of policy and 2, if there's any evidence whatsoever he was trying to extort them or attempt to profit off the video's publication, they have grounds to take action. And since they are a bunch of rich young guys they can also just file lawsuits and bury the dude with legal fees, which he probably won't be able to make up for by driving people around since no one will want to ride with him anyway.

Let me be clear that I don't advocate they do this, just saying that's a possibility.
Uber Canada as a private institution cannot surpass state legislation like Arizona, except if the state conducted something that violates another law. I haven't dug deeper, but certain posters in the main section said that the State of Arizona allows these type of recordings and that pretty much destroys the case of the players. I know that certain other States require people to notify any type of recording both visual and vocal before the conversation is held.

They absolutely have the freedom to sue the guy, but will ultimately lose due to Arizona's amendments, which triggers the process that the guy can then sue the players for legal fees, pain and suffering (since lawsuits are an immense form of stress), and anything else deemed by the Judge. I remember reading a story about this couple suing a hospital on the claim that they conducted some type of medical malpractice leaving one of their son's autistic. Well, they ultimately lost and the hospital had the right to sue them in return to pay for their legal fees. Law is quite the messy practice.

E: Didn't see Hench's post above.

All Uber Canada can do from what I see is make a recommendation to Uber USA to fire the driver...who can join Lyft anyway.
 
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S E P H

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Civil attorneys would be lining up to help out this driver... the Sauls of the world would see plenty of $$$$$ going after some dumb, young millionaires.
No doubt about that, my cousin's friends family are fighting each other over a boatload of life insurance and there are lawyers lining up left and right - one tricked herself right into the middle of the feud and got two months of free income by doing nothing. :laugh:

But the original discussion should go back to what Foppberg mentions above and that even though the driver is shady AF, the players are ultimately response. Just because this happens at every single club doesn't mean that gossiping as a concept is acceptable in the basic premise of society. Sometimes you gotta man up and reap what you sowed instead of blame the entire conversation on an outside influence (aka the driver).
 

Pokecheque

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Being against company policy doesn't mean it is illegal. If he tried to extort, then there certainly is something to base it off of, but there is nothing stating that is the case. He posted the video and let Canadian media know about it before Uber made him take it down. Uber isn't liable, nor is the driver. They can try to file lawsuits against the guy, but they have to have a case... or they risk abuse of process. Any attorney not just in it for the fees is going to say they shouldn't take that risk. They could very well end up suing and having to pay their fees, plus the plaintiff's fees along with getting nothing. That would make a dumb situation worse.

We're talking civil law here, it doesn't matter whether it's illegal or not. If a judge doesn't dismiss the suit and a jury finds the man liable, then that's that.
 

Avs_19

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McKenzie says Duchene's camp and the Sens are currently engaged in negotiations for an extension.
 

CobraAcesS

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Yeah, NVM on bringing Duchene back. One hes participating in creating dissent in front of young rookies, and two it's out in public. Just garbage behavior on his part. This takes me back to a behind the scenes portion of Duchy's draft video where he throws a mini tantrum in front of his dad in the hotel. Chalk it up to being 18, but hes still got about the same level of maturity apparently.
 

The Abusement Park

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Yeah, NVM on bringing Duchene back. One hes participating in creating dissent in front of young rookies, and two it's out in public. Just garbage behavior on his part. This takes me back to a behind the scenes portion of Duchy's draft video where he throws a mini tantrum in front of his dad in the hotel. Chalk it up to being 18, but hes still got about the same level of maturity apparently.

What was that video on draft day about?

And yeah he seems to be a decent guy for the most part, I just think he lets his immaturity get to him at times.
 

CobraAcesS

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What was that video on draft day about?

And yeah he seems to be a decent guy for the most part, I just think he lets his immaturity get to him at times.

It was following him around getting ready for the draft floor, all the way through being picked. He threw a tissy fit at his dad over some wardrobe thing in front of cameras. It wasn't that bad, but the combination of camera and snapping off showing a lack of respect was something that struck me the wrong way. His dad basically didn't react in anyway so there is obviously nothing to it. Every teenager fights with their dad lol, but most people button up and act right when in public. Let alone when a camera crew is following you around. Like I said, he just struck me as a little shit in that video lol.
 

The Abusement Park

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It was following him around getting ready for the draft floor, all the way through being picked. He threw a tissy fit at his dad over some wardrobe thing in front of cameras. It wasn't that bad, but the combination of camera and snapping off showing a lack of respect was something that struck me the wrong way. His dad basically didn't react in anyway so there is obviously nothing to it. Every teenager fights with their dad lol, but most people button up and act right when in public. Let alone when a camera crew is following you around. Like I said, he just struck me as a little **** in that video lol.

I mean most of these prospects come from pretty wealthy family’s. Add to that being one of the best athletes in the world at your sport at 18 I can definitely see a lot of these kids being little shits lol.

But yeah, Duchene definitely seemed to not have matured much since he was a youngin. Just could never really live up to his talent with his weak mental game.
 

CobraAcesS

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I mean most of these prospects come from pretty wealthy family’s. Add to that being one of the best athletes in the world at your sport at 18 I can definitely see a lot of these kids being little ****s lol.

But yeah, Duchene definitely seemed to not have matured much since he was a youngin. Just could never really live up to his talent with his weak mental game.

Yeah, it just reminded me of that lack of situational awareness.
 
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Pierce Hawthorne

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Who the f*** is Thomas Chabot....


I mean seriously. I knew the guy was going to be good eventually. But certainly did not expect him to be this good, this early. Dude is replacing Karlsson and more right now as a rookie. 19 points in 14.5 games.
 

The Abusement Park

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Who the **** is Thomas Chabot....


I mean seriously. I knew the guy was going to be good eventually. But certainly did not expect him to be this good, this early. Dude is replacing Karlsson and more right now as a rookie. 19 points in 14.5 games.

Yeah this is ridiculous. I mean I figured he had a good shot of being a 1D. But I figured he’d maybe hit 40 points this year. Huge maybe.
 
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