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A: This could get tricky and run anyone down a number of legal rabbit holes. But all things being equal, if you were doing this as art, and not passing the manipulations (for lack of a better term) as currency or counterfeit...I don't think you'd be in trouble for what you're proposing.
Again, NFT's are a rapidly emerging and changing--unregulated--and often misunderstood phenomenon. What is and isn't, how it is valued, etc. all of these issues are 'new' which means the law hasn't caught up. When this happens--and somebody takes issue with what someone is doing (whether you or someone else) they may try and pigeonhole the facts for a specific case into
old, unrelated, or similar laws...they may be able to do this or may not. It gets complicated.
And while it may not be 'illegal' which, I suspect you mean a violation of federal or state criminal laws...I can imagine a private party who buys NFT's and is unhappy with the value, resale, or return...arguing that because the NFT said $100 they believed based on what you were doing--it was worth $100. Whether this claim would survive is a different story--but it's always best to avoid claims than defend them. Even if you win. It's expensive.
Depending on what you plan to make on this project it could make a lot of sense to hire an attorney to look at this. There are ways to insulate yourself (like setting up a business entity) that could help avoid being personally on the hook for any claims. It is a very fact intensive analysis. If this is a pet project and you don't plan to make a whole lot, it still would be good to get specific legal advice (but we live in a real world where costs and benefits weigh into real life decisions) so you'll have to determine where your situation lands.
Sorry it's tough to be more specific--an attorney with experience in this area should be able to ask the right questions and from the answers determine the best way to navigate your situation. ... Read More
A: I agree with what others have answered to this question. It is very unlikely that you have a claim against the renter or that most ethical attorneys would be willing to pursue such a claim. This doesn't mean there is no chance whatsoever that your stay at the rental caused your COVID, but from a legal and medical perspective, the possibility is very low and even less with a personal injury or wrongful death theory.
Here's why. If you're writing this question...you're alive. Not dead. And if you're not dead...there isn't a claim for wrongful death. For personal injury, you'd have to show the renter had a duty to do something (this could be warning you that
he had COVID, cleaning properly, or something else).
You'd have to be prove, more likely than not, (1) that the renter had this duty, (2) that he owed this duty to you, (3) that the defendant neglected/failed/breached in this duty, (4) that the defendant's failure caused your condition i.e. COVID, (5) that COVID caused you some form of harm (getting hospitalized, sick, stressed, etc. would all work) and (6) that your harm can be rectified with a judgment in your favor. Whereas the defendant would only need to show one of these issues is not more likely than not--you would have to prove each of the factors 1-6 is more likely than not.
Given the most recent data relating to prevention, cleaning, causation, prevention, etc. I'd be surprised if this sort of claims would survive summary judgment. This is where the other side says there's no reasonable juror who could find in your favor and you have to show otherwise--for each of the above factors. A judge would then decide whether she or he agrees with you or the other side--which they will determine based on the law.
I also suspect any defendant would want to know whether you were vaccinated. If you are good. If not, given CDC numbers...the other side would probably argue that your negligence contributed to whatever damage you suffered. So even if you proved everything else--you could still have your claim summarily judged and thrown out on that basis.
Claims like this are tricky, and in Oregon I don't think the Court's would be receptive to this sort of claim. Now, if you were to find an expert medical doctor or epidemiologist whose expertise says otherwise...that could change things a bit. But that would be very expensive.
Because COVID doesn't ordinarily have a 30-day incubation period...if you were COVID positive 30-days after your stay, a party opponent would be very curious what happened in the 30-days between your stay and your positive diagnosis.
Again, this doesn't mean you have nothing to claim--but in my opinion this would be a very very difficult, if not impossible claim to prove to the standard necessary to bring, let alone win, a civil suit.
To be fair, I know this program hamstrings you into a certain claim or probable claim--and often a creative and well informed attorney can come up with some claim aka "cause of action" other than those you propose...but here, even that would be a difficult thing to do and a long shot to win even then. Every situation relies on a lot more facts and details than most tend to post in their questions--but on its face, the answer to your question is no. ... Read More
Employment Law is challenging in many ways that impact this answer--but a lot of this boils down to your employment contract/agreement/etc. Importantly, even though you may be an at-will employee or not have a document that says "Contract" or "Employment Contract" -- Courts in Oregon often accept an employee benefits manual as a binding agreement between an employer and employee. Other documents that could work for--or depending on what they say--against you, are a Union Contract, policies, and of course...certain statutes or federal rules that relate to leave. For example, an employer cannot discriminate against an employee for using 'protected
leave' or for a 'perceived disability'--so even if parts of an agreement say the employer can...these rules would be illegal. This isn't always the case...but I've certainly seen a lot of contracts that are illegal on their face. It really depends on the employer. Bigger employees with legal departments or HR tend to have more 'legal' contracts than small companies or sole proprietorships...but this is not an absolute.
For example, many firefighters only get paid for a fraction of their accrued sick leave when they retire. Even though they'd be entitled to 100% if they had a qualified reason for using it before they retired. So, a lot of firefighters take sick leave to get a needed surgery before not after retirement and where the City tries to get in the way of this...they violate the law.
If they didn't pay you accrued leave for a single day that you were sick...they probably have violated a law or an agreement. But generally, PTO which covers all types of leave i.e. vacation, sick, etc. doesn't necessarily have to be paid at separation from employee.
However, if you used sick leave for a protected reason, and they have a policy that treats you different because of this...i.e. because you used protected leave...that could very well be 'retaliation' and give rise to a good claim. It's usually a very fact intensive analysis and depends on how it is framed as well as how creative your attorney is. No ethical attorney will bring a claim that isn't legitimate but some attorneys think more outside the box and take different routes to get at a 'legitimate' claim they can ethically bring.
The other question becomes how much are they withholding. If there is discrimination there could be other claims--but quite often if the amount they're not paying is nominal...even if you have a claim...it may not be financially worth pursuing. You wouldn't want to spend $5,000 on costs and fees to an attorney only to get $200 in damages.
Again, this is a fact intensive analysis. An attorney should be able to ask the questions that answer the questions that matter and then advise you on the specifics related to your situation.