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[Felger Carbon]

Second, the offense (unpaid wages) _did_ occur in NY if
the plant was in NY, wherever the owners reside.

Thank you for acknowledging that point. Now, how does a NY worker
pick the pocket of a NJ-based stockholder?

And how does a law that does not exist in NJ get enforced in an NJ
court?

 

[Robert Redelmeier]

Thank you for acknowledging that point. Now, how does a
NY worker pick the pocket of a NJ-based stockholder?

A good lawyer should know, but I would imagine by filing a
tort suit in NY court, claiming unpaid wages. Service might be
difficult -- you'd have to find out who the shareholders are.
but those should be on some filings somewhere.

And how does a law that does not exist in NJ get enforced
in an NJ court?

Easy. The case isn't tried in NJ. It gets tried in NY, and a
judgement rendered. Your lawyer takes the judgement to a NJ
court and gets it "domesticated". They don't check the law,
they check the judgement (make sure it's legit). IANAL.

-- Robert

 

[Keith R. Williams]

Thank you for acknowledging that point. Now, how does a NY worker
pick the pocket of a NJ-based stockholder?

Where is the company incorporated? NY, NJ, or DE? ...and how does
that affect the outcome? This is fun!

And how does a law that does not exist in NJ get enforced in an NJ
court?

Extradition? ;-)

 

[Robert Redelmeier]

Where is the company incorporated? NY, NJ, or DE?
...and how does that affect the outcome? This is fun!

Not sure if the NY wage liability is on NY incorporation (which
would be hobbling, as you point out) or on NY employment.

Extradition? ;-)

Only in criminal cases. Crooks get extradited across state lines
all the time. Not easy to fight within the US, but someone might
try persuading a liberal court like MA or VT that extradition to
face a death penalty in TX was unconscienible. Or vice-versa

-- Robert

 

[Felger Carbon]

Easy. The case isn't tried in NJ. It gets tried in NY, and a
judgement rendered. Your lawyer takes the judgement to a NJ
court and gets it "domesticated". They don't check the law,
they check the judgement (make sure it's legit). IANAL.

Is that why OJ Simpson, living in Florida, doesn't pay a single penny
on a ~$30 million California judgement?

 

[Felger Carbon]

Extradition? ;-)

Extradition is for crimes. Not for civil money judgements.

 

[Robert Redelmeier]

Is that why OJ Simpson, living in Florida, doesn't pay a
single penny on a ~$30 million California judgement?

Probably not. He probably has no assets the creditors
can legally seize under FL law. His home (and perhaps cars)
are exempt. There are _lots_ of ways to avoid a judgement.
That doesn't mean the judgement is invalid.

-- Robert

 

[Robert Redelmeier]

Not sure if the NY wage liability is on NY incorporation (which
would be hobbling, as you point out) or on NY employment.

NYS labor law is at:

http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

and there's a nice website at:

http://www.oag.state.ny.us/labor/employer.html

You get 6 years to claim, and under some circumstances,
shareholders too. Sec. 220B passes public contractor liability
through to 5 largest shareholders and/or those with 10+%

-- Robert

 

[Felger Carbon]

Probably not. He probably has no assets the creditors
can legally seize under FL law. His home (and perhaps cars)
are exempt. There are _lots_ of ways to avoid a judgement.
That doesn't mean the judgement is invalid.

You completely miss the point. OJ has substantial pension income from
the NFL. In CA, his pension could be, and was, garnished. So he
moved to Florida, which has different laws - and his pension cannot be
garnished.

The point is, the (hypothetical?) NY law you cite does not apply in
NJ. An NJ stockholder cannot have his NJ pockets picked by a NY law.

 

[Felger Carbon]

You get 6 years to claim, and under some circumstances,
shareholders too. Sec. 220B passes public contractor liability
through to 5 largest shareholders and/or those with 10+%

But _only_ for those shareholders residing in NY state, right?

 

[Robert Redelmeier]

You completely miss the point.

I don't think so.

OJ has substantial pension income from the NFL. In CA, his
pension could be, and was, garnished. So he moved to Florida,
which has different laws - and his pension cannot be garnished.

Exactly! He arranged his affairs (jurisdiction) that gave
his assets protection against the judgement. Had he had
unprotected assets, he'd've lost them. So he probably gave
them to his lawyers for their services.

The point is, the (hypothetical?) NY law you cite does not
apply in NJ. An NJ stockholder cannot have his NJ pockets
picked by a NY law.

It still can, unless those pockets are carefully arranged
into protected asset/income classes like homesteads and
pensions (in FL).

-- Robert

 

[Robert Redelmeier]

But _only_ for those shareholders residing in NY state, right?

I don't think so. The law does not contain any such limitation,
although as you correctly point out elsewhere, people can arrange
their affairs to insulate themselves against judgements. It is
expensive, but probably worth it for somone in OJ's position.

Just because you can get a judgement doesn't mean you will
get money. Interstate is only one [small] barrier.

-- Robert

 

[keith]

Extradition is for crimes. Not for civil money judgements.

One hook, two fish. ...with a smiley for bait, even. ;-)