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Comment Once in the trash, it became abandoned property (Score 1) 479

Let me begin by saying that what took place is sickening, but, some of the blame falls on you! In retrospect, you must now realize that it would have been better to tear it up into as many small shreds as possible, throw it in the trash, and if possible, spit numerous times on the shreds. In the alternative, it would have been better to find the mall's bathroom area, tear it up, and flush it down the toilet. And no, I'm not some paranoid loser, but really, merely tossing it in the garbage was a mistake. The law generally regards items thrown in the trash as being abandoned property. So it wasn't per se "illegal" for someone else to fish the application out of the garbage. However, using the application as though it had been legitimately submitted arguably constitutes fraud. When you see a lawyer, or when you decide to file suite yourself, be sure to include that as a count. No matter what, file a lawsuit. Too many intelligent people get caught up wondering whether it's something that can be sued for or not. Guess what? Anyone can file a lawsuit. I can sign off, and decide that I'd like to sue my next door neighbor, or the CEO of a company, or whoever I wish to sue. It doesn't mean that my suit will have any merit, or that it won't end up being dismissed, but it will force the other party (in your case the company that did this to you) to show up and mount a defense. You may even be able to reach a settlement of some kind with the company before you even have a hearing date. Clearly, in your case, there is some merit to what you're suing over. Don't be afraid, and don't let anger and frustration cloud your judgment. Be levelheaded and think in the long term. Three to six months from now, if you're methodical, you can ensure that others are made aware of this company, and that they've been put through the legal grinder for their actions. Best of luck to you!

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"Mr. Spock succumbs to a powerful mating urge and nearly kills Captain Kirk." -- TV Guide, describing the Star Trek episode _Amok_Time_

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