"Murphy's Law" With Cathy Eller And Matt Ritter, Esq. Laying Down The Law With Billy DeClercq, Esq. podcast

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Schrödinger's Truck, nuts‽ 55:07

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Drop Your Lodestar |City of Riverside v Rivera (1986) 477 US 561 1:06:20

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Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Creators & Guests Kristen Drenning - Host Billy Declercq - Host Jeff Feightner - Producer Toni Senatore - Guest Kelli Johnson - Guest If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Equi-TEE | Geddes v Mill Valley Country Club 751 N.E. 2d 1150 (Ill. 2001) 1:11:14

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Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Creators & Guests Kristen Drenning - Host Billy Declercq - Host Jeff Feightner - Producer Pia Smith - Guest If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Mining for Gold | Int'l Union Mine Workers v Bagwell, 512 US 821 (1994) 1:25:11

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Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Creators & Guests Curtis Retherford - Host Kristen Drenning - Host Billy Declercq - Host Jeff Feightner - Producer Kelli Johnson - Guest If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Artificial Incompetence | S.D.N.Y. v. Schwartz & LoDuca 1:23:11

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Gimme More: Liquidated Damages | Ashcraft & Gerel v Coady 1:03:14

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Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Gimme More: Liquidated Damages | Ashcraft & Gerel v Coady Creators & Guests Kristen Drenning - Host Billy Declercq - Host Jeff Feightner - Producer Henry David - Guest If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Hot RODs | Grimshaw V FoMoCo (119 Cal.App.3d 757, 174 Cal.Rptr. 348) 1:15:33

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Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Hot RODs | Grimshaw V FoMoCo (119 Cal.App.3d 757, 174 Cal.Rptr. 348) Creators & Guests Kristen Drenning - Host Billy Declercq - Host Jeff Feightner - Producer Joanna Senatore - Guest Griffin C. Taylor - Guest If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Texas Cattle Devil |Buck v. Morrow, 2 Tex. Civ. App. 361, 21 S.W. 398 (Tex. Civ. App. 1893) 1:04:54

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Soybean Schism | Decatur Cty. AG-Services, Inc. v. Young 59:36

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Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Creators & Guests Billy Declercq - Host Jeff Feightner - Producer Curtis Retherford - Host Kristen Drenning - Host If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Reasonable Swooner Standard 1:01:16

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Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Creators & Guests Billy Declercq - Host Jeff Feightner - Producer Curtis Retherford - Host Kristen Drenning - Host If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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We Live In The Weeds (Trinity Church in Bos. v. John Hancock Mut. Life Ins. Co. ) 1:19:22

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Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Trinity Church in Bos. v. John Hancock Mut. Life Ins. Co. BlahBlahBlahMath Creators & Guests Kelli Johnson - Guest Curtis Retherford - Host Jeff Feightner - Producer Billy Declercq - Host Kristen Drenning - Host If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Apprently, you CAN mess with Texas. (United States v Fifty Acres of Land) 1:28:28

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Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Creators & Guests Billy Declercq - Host Jeff Feightner - Producer Curtis Retherford - Host Kristen Drenning - Host Pia Smith - Guest If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Burros and Bedbugs (Hatahley v. U.s.) 1:26:43

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Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Creators & Guests Billy Declercq - Host Jeff Feightner - Producer Curtis Retherford - Host Kristen Drenning - Host If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Promissory Restitution 1:11:00

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Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Creators & Guests Billy Declercq - Host Jeff Feightner - Producer Curtis Retherford - Host Artoun Nazareth - Guest Toni Senatore - Guest If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Quasi-Contract & Unjust Enrichment 53:48

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Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Creators & Guests Billy Declercq - Host Jeff Feightner - Producer Curtis Retherford - Host Kristen Drenning - Host Lauren Michaels - Host If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Laying Down the Law with Billy DeClercq, Esq.

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Wood v Lucy Lady Duff-Gordon 1:07:31

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Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Creators & Guests Billy Declercq - Host Jeff Feightner - Producer Curtis Retherford - Host Lauren Michaels - Host Pia Smith - Guest If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Laying Down the Law with Billy DeClercq, Esq.

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Consideration 1:10:44

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Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Der Kleber Sting by Kevin MacLeod is licensed under a Creative Commons Attribution 4.0 license. https://creativecommons.org/licenses/by/4.0/ Source: http://incompetech.com/music/royalty-free/index.html?isrc=USUAN1100612 Artist: http://incompetech.com/ Creators & Guests Billy Declercq - Host Jeff Feightner - Producer Curtis Retherford - Host Doug Morency - Guest Jack Mosshammer - Guest If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Laying Down the Law with Billy DeClercq, Esq.

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Broken Crankshaft (Hadley v. Baxendale) 1:05:56

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Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Hadley v Baxendale Creators & Guests Billy Declercq - Host Jeff Feightner - Producer Lauren Michaels - Host Dana Blasingame - Guest Kristen Drenning - Host Curtis Retherford - Host If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Laying Down the Law with Billy DeClercq, Esq.

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Introduction to (Drunk) Contract Law: Lucy v. Zehmer 1:02:35

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Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 We're Back! This episode is the beginning of a deep dive into the law of contracts! What is the Law of Contract? Why do we have it? Retrospective view - it lets us understand what did the parties mean when they formed the contract Reason: we want to find ways to deliver the bargain or the thing they wanted at the time they entered to contract and it puts order in their relations for a more stable society Prospectively - to provide a set of rules in case an unanticipated thing happens This is provided by the law of contract; it provides for the set of rules that fills in the gaps that were not covered by the agreement entered int Law creates default rules. As long as you know the basic rules, one can customize an agreement. It is guided or is based on the default rules. Law comes from different sources - aside from those made by the legislature, it can come from common Law Common Law refers to decisions of judges that are later on implemented as law Restatement of the Law is a collection of the cases that are implemented law. It is a summary of rules that point you to the cases that establish principles of law. Restatement of Contract Law - the specific restatement that applies to the laws and principles of Contracts. After some time, the restatement has formed the common understanding of what a contract is. What is a Contract? A contract is a bargain for exchange for value. It requires an offer and acceptance. There are two parties; one makes the offer, the other accepts. When there is a mirror image, or when the offer and the acceptance match each other, you have a contract. Once there is agreement, the contract is enforceable. People cannot bail out of their agreements, once it is entered into. Offer and acceptance is important and it goes to the idea of intent. Did these parties have the intent to agree? Were their intentions the same? This is discussed in the case of the week. Case of the Week : Lucy v. Zehmer (VA, 1954) Facts: Defendant Zehmer and his wife owned land in Dinwiddie County, Virginia, known as the Ferguson Farm. Plaintiff W. O. Lucy had known Zehmer for many years and had previously expressed interest in purchasing the farm. Zehmer had orally agreed to sell the farm to Lucy but later reconsidered and declined to complete the sale. Later on, Lucy entered the restaurant owned by Zehmer with a bottle of whiskey in his hand. The parties consumed the spirits and Zehmer got very drunk. The latter even wrote on the back of the restaurant's receipt stating, "We hereby agree to sell to W. O. Lucy the Ferguson Farm complete for $50,000.00, title satisfactory to buyer". Zehmer and his wife signed the contract. Thereafter, he later alleged that his wife had initially balked at his request that she sign the instrument, but she relented when Zehmer assured her that his intent to sell the farm was merely a joke. The next day, Lucy spoke to his brother, J.C. Lucy, about the purchase, and he hired an attorney to examine the title. After the attorney assured Lucy that the title was clear, he wrote a letter to Zehmer asking when he intended to close the deal. Zehmer insisted that he had never intended to sell the farm and that he perceived the whole ordeal as a joke. The court held that the complainants had failed to establish their right to specific performance, and it dismissed their bill. Reasoning: Whether the contract was effective? Was there a contract were a situation that a party is drunk and stated that he knew that it was all a joke. Holding: Appellant court held that there is a contract and the sale should be executed. Archibald C. Buchanan, who served on the Supreme Court of Virginia since 1946, wrote for the unanimous court decision, holding that the record suggested that Zehmer was not intoxicated to the point of being unable to comprehend the nature and consequences of the instrument he executed. The circumstances surrounding the transaction were such that Lucy was justified in believing that it was a serious business transaction, rather than a mere jest. On the latter point, Buchanan quoted from the Restatement (First) of Contracts: The mental assent of the parties is not requisite for the formation of a contract. If the words or other acts of one of the parties have but one reasonable meaning, his undisclosed intention is immaterial except when an unreasonable meaning which he attaches to his manifestations is known to the other party. Zehmer knew what he was signing, and Lucy had every reason to believe that it was a legitimate business transaction and it wasn’t a joke. There should be specific performance. It is an order to perform the contract as it is written. Criticisms: Lucy was actually in the business of going around to buy property and resell them for huge profit. It is likely that Zehmer wouldn’t have sold the land for 50k. Some commentaries alleged that Lucy had the intention of intoxicating the party or “bombed out of their mind” so that they sign the contract. It begs the question of how can you enter a contract if you are not sober. Lucy is shady and commentaries do not agree with the decision because it was alleged that it is a recurring thing. Then, IMPROV! ------------------- LAYING DOWN THE LAW is created by Beyond UN reasonable Doubt and produced by FytePro Productions ( fytepro.com ). Theme music by David Felton. Cover Art by Q ( @TheMightyQWorks ). Follow Billy DeClercq on Twitter: @MaxHeadroom Esq or the show @ComedyLawyer Want to hire Billy as your lawyer, or as a comedian? Go to https://declercq.law/ Discovery Hit by Kevin MacLeod is licensed under a Creative Commons Attribution 4.0 license. https://creativecommons.org/licenses/by/4.0/ Source: http://incompetech.com/music/royalty-free/index.html?isrc=USUAN1300023 Artist: http://incompetech.com/ Creators & Guests Curtis Retherford - Host Billy Declercq - Host Joanna Senatore - Guest…

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Laying Down the Law with Billy DeClercq, Esq.

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Flying Tiger, Hidden Dragon (Eisenberg v Flying Tiger Line Inc.) 1:10:50

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Law and Comedy featuring Kelli Johnson, Kristen Denning and Henry David.

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Laying Down the Law with Billy DeClercq, Esq.

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Tennessee Two-Step (Putnam v Shoaf) 51:33

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Law and Comedy featuring Christina Moore, Artoun Nazareth and Stephen C. James

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Laying Down the Law with Billy DeClercq, Esq.

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The Only Ship that Doesn’t Sail (Fenwick v Unemployment Compensation Committee) 1:01:10

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Law and Comedy featuring Henry David and Pia Smith

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Laying Down the Law with Billy DeClercq, Esq.

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Basia, The Brats and Nina Zagat 2:15:17

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Law and Comedy featuring Jay Singh, Pia Smith, and Griffin Taylor.

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Laying Down the Law with Billy DeClercq, Esq.

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Nobody Foresees Helen Palsgraf (v Long Island Railroad) 1:15:55

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Law and Comedy featuring Lauren Michaels and Pia Smith.

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Laying Down the Law with Billy DeClercq, Esq.

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Light Up a Ballgame (Shlensky v Wrigley) 1:22:18

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Law and Comedy featuring Christina Moore, Artoun Nazareth and Rob Scerbo

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Laying Down the Law with Billy DeClercq, Esq.

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Everybody Knows what "Alter Ego" Means (Sea-Land Services v Pepper Source) 1:10:56

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Law and Comedy featuring Courtney Karwhal, Curtis Retherford and Griffin Taylor.

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Laying Down the Law with Billy DeClercq, Esq.

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Deadly New York Cabs (Walkovsky v Carlton) 1:30:24

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Law and Comedy featuring Greenberry Lucas, Lauren Michaels, and Curtis Retherford.

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Laying Down the Law with Billy DeClercq, Esq.

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WTF is "Punctilio"? (Meinhard v Salmon) 1:10:00

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Law and Comedy featuring Henry David, Stephen C. James and Artoun Nazareth

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Laying Down the Law with Billy DeClercq, Esq.

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Play Ball - or Duck it? (Manning v Grimsley) 1:06:55

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Law and Comedy featuring Doug Morency, Jack Mosshammer, Gary Pia, and Pia Smith.

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Laying Down the Law with Billy DeClercq, Esq.

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Honey I Blew Up the Car! Live @ The Ledge (Hoover v Sun Oil Co.) 38:24

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LIVE Law and Comedy featuring Chris Compton, Stephen C. James and Hans Summers.

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Laying Down the Law with Billy DeClercq, Esq.

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The Problem with Painters (Mill Street Church of Christ v Hogan) 1:33:18

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Law and Comedy featuring Cathy Eller, Toni Senatore, and Pia Smith

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Laying Down the Law with Billy DeClercq, Esq.

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Coach Wreck (Gorton v Doty) 1:17:55

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Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Law and Comedy featuring Lauren Michaels, Blake Oliver, and Curtis Retherford. If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Laying Down the Law with Billy DeClercq, Esq.

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Burbank Bowling Split (Owen v Cohen) 1:27:05

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Law and Comedy featuring Thorsten Hoins, Shaun Landry, and Pia Smith.

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Laying Down the Law with Billy DeClercq, Esq.

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Two Guns, One Face (Summers v Tice) 1:16:13

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Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Summers v. Tice (Nov. 17, 1948) 33 Cal. 2d 80 Facts: Charles Summers was a guide on on a hunting trip with two defendants, Tice and Simonsen. Summers explained to safely fire their weapons. A quail flew, two guns went off, and Summers was shot twice - in his right eye and lip -- with bird shot discharged from a shotgun. Both defendants had identical guns and both guns went off, and nobody knew which defendant actually shot Summers. In trial court, there was a judgment against both defendants. Two pellets had caused the injuries to plaintiff's lip and eye, an both might have been discharged from a single weapon (defendant) or each defendant may have contributed one of the injuring pellets. The defendants were both found negligent, and that the plaintiff was not at fault. Defendants appealed, claiming they are not jointly and severally liable, as they were not acting in concert, and that there is not sufficient evidence to show which defendant was guilty of the negligence which caused the injuries -- the shot fired by Tice and/or the shot fired by Simonson. Holding: Both defendants are liable as joint tortfeasors , because it could not be determined which was responsible. The reason for the rule is that it unfair to deny the injured person recovery simply because he cannot prove how much damage each did, when it is certain that between them they did all the damage. Reasoning: "When two or more persons by their acts are possibly the sole cause of a harm, or when two or more acts of the same person are possibly the sole cause, and the plaintiff has introduced evidence that the one of the two persons, or the one of the same person's two acts, is culpable, then the defendant has the burden of proving that the other person, or his other act, was the sole cause of the harm." (citing Wigmore) Lauren, Jeremy, and Pia explore the comedic implications of this Cheney-esque fact pattern. According to Jeremy, it happens more often than you think! Shout out to non-profit California Lawyers for the Arts www.calawyersforthearts.org Serving the creative arts and innovation community since 1974! California Lawyers for the Arts [CLA] is a non-profit organization founded in 1974 to provide legal services to artists and members of the creative arts community. In 1987, Bay Area Lawyers for the Arts [BALA] joined forces with Volunteer Lawyers for the Arts-Los Angeles [VLA] to form California Lawyers for the Arts as a statewide organization. CLA is part of an informal network of “Volunteer Lawyers for the Arts” programs that serve artists through state-based organizations throughout the United States. CLA is a multi-faceted arts service organization that provides legal support, alternative dispute resolution services, educational programs and advocacy for the arts and justice reform. Thank you to our guests: Lauren Michaels @sweetrelishfilms Jeremy Harlin @king_jeremyharlin Pia Smith @piaminskystyle LAYING DOWN THE LAW is created by Beyond UN reasonable Doubt and produced by Feightner Productions ( fytepro.com ). Theme music by David Felton. Cover Art by Q ( @TheMightyQWorks ). Follow Billy DeClercq on Twitter: @MaxHeadroomEsq Want to hire Billy as your lawyer, or as a comedian? Go to https://declercq.law/ If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Laying Down the Law with Billy DeClercq, Esq.

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Season Three Primer - Billy Visits The Cloud Accounting Podcast 54:43

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Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 A teaser of what's to come. The production staff has been hard at work performing high quality artisanal aural alchemy brewing up good stuff intended for direct injection into your earholes. We decided to let Billy visit the Cloud Accounting Podcast, chat up the good folks responsible for Earmark CPE, and we've brought that here. to you. Remember, tap the bottle, twist the cap, let it breathe, swish it around then spit. If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Laying Down the Law with Billy DeClercq, Esq.

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Dobbs is Not the End 2:47

for 3 years siden2:47

2:47

Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Hi everyone - Laying Down the Law is on hiatus right now, we have been working hard on Season 3, but I wanted to take a moment and join a unified response of podcasters speaking out in response to the Dobbs decision that overturned 50 years of established legal precedent in the Unites States -- with more to come. And while this is ostensibly a law and comedy podcast, there's nothing funny about this change in the law. So I'm joining independent podcasts everywhere in speaking out. While Americans overwhelmingly support the right of an individual to make their own decisions about abortion, unfortunately, that right is no longer protected everywhere in the U.S. The Supreme Court overturned Roe versus Wade on June 24th. Abortion is a basic healthcare need for the millions of people who can become pregnant. Everyone should have the freedom to decide what’s best for themselves and their families, including when it comes to ending a pregnancy. This decision has dire consequences for individual health and safety, and could have harsh repercussions for other landmark decisions. Restricting access to comprehensive reproductive care, including abortion, threatens the health and independence of all Americans. Even if you live in a state where abortion rights are upheld, access to safe medical procedures shouldn’t be determined by location, and it shouldn't be the privilege of a small few. You can help by donating to local abortion funds. To find out where to donate for each state, visit donations 4 abortion dot com . That’s the number 4. If you or someone you know needs help, or if you want to get more involved, here are 5 resources. 1. Shout Your Abortion is a campaign to normalize abortion. 2. Don’t Ban Equality is a campaign for companies to take a stand against abortion restrictions. 3. Abortion dot cafe has information about where to find clinics. 4. Plan C Pills dot org provides early at-home abortion pills that you can keep in your medicine cabinet. 5. Choice dot c-r-d dot c-o has a collection of these resources and more. We/I encourage you to speak up, take care, and spread the word. https://abortion.cafe/ - this is a collection of abortion resources shoutyourabortion.com - this is a campaign to normalize abortion https://donations4abortion.com/ - donate to support abortion funds by state https://secure.actblue.com/donate/supportabortionfunds - donate to the national network of abortion funds (donations split between 80+ abortion funds) https://usow.org/repro/volunteer/ - this is a list of abortion clinics across the country that need volunteers https://dontbanequality.com/ - this is language for companies to use to stand against the ruling plancpills.org/ambassadors - here are early abortion access pills you can store in your cabinet https://prochoice.org/ - this is an abortion access hotline https://natalist.com/products/early-pregnancy-test-strips - buy early pregnancy test strips https://www.plannedparenthood.org/learn/birth-control - get info on types of birth control https://choice.crd.co/ - this is a collection of these above links and more. Managed by @starplanes - DM them on twitter to add more https://www.guttmacher.org/state-policy/explore/abortion-policy-absence-roe - abortion policy by state as of June 1, 2022 More in-depth version: https://www.guttmacher.org/state-policy If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Laying Down the Law with Billy DeClercq, Esq.

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Never Give Up on a GHOST (Andy Bustillos, Jeremy Culhane, Monte Montepare, Artoun Nazareth, Curtis Retherford & Ruha Taslimi) 1:21:53

for 3 years siden1:21:53

1:21:53

Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Special shout out to guest Andy Bustillos who's kicking cancer's ass - support his GoFundMe here . GUESTS: Curtis Retherford ( curtisretherford.com Twitter: @ActuallyCurtis Insta: @ActuallyCurtis ) Andy Bustillos (Twitter @Andy_Bustillos Insta: @AndyBusitillos ) Artoun Nazareth (Twitter @ArtounCartoon Insta: @ArtounCartoon ) Ruha Taslimi ( ruha-taslimi.ucbcomedy.com Twitter: @lguucb Insta: @ruhataslimi ) Monte Montepare (Twitter: @MonteMontepare Insta: @MonteMontepare Jeremy Culhane (Twitter: @JeremyCulane Insta: @jazzy__jelly ) Martin v State (Alabama, 1944) - Actus Reus Facts: Defendant was arrested for being “drunk on a public highway” when he was actually drunk in his home, but the officers took him out onto the highway to arrest him. Reasoning: Because the defendant was drunk in his own home and was forcibly taken to the highway, he had not engaged in the forbidden act of being drunk on a public highway. Holding: Conviction reversed. Then GHOST takes us on a wild journey from the DMV, to MTV's Punk'd, to police dance fighting training, to an exploration of self-aware Holes. Finally, learn a little about our guests and what's coming next from them! LAYING DOWN THE LAW is a production of Beyond UN reasonable Doubt and Verboten Productions, produced by Jeffrey Feightner. Theme music: “Galactic Damages” by Jingle Punks . Cover Art by Q ( @TheMightyQWorks ). Follow Billy DeClercq on Twitter: @MaxHeadroomEsq If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Laying Down the Law with Billy DeClercq, Esq.

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A Most Annoying End with JoAnna & Toni Senatore, and Ted Gavarkavich 1:11:23

for 4 years siden1:11:23

1:11:23

Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Fine dining meets the Law of the Sea? Surf and Turf? Whatever you call it, give it a listen, it’s sure to leave you satisfied! If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Laying Down the Law with Billy DeClercq, Esq.

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The Malarkey Defense with Jeremy Harlin & Lauren Michaels 1:32:46

for 4 years siden1:32:46

1:32:46

Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Jeremy Harlin Lauren Michaels Two funny people stop by to talk to chat with Billy, our resident legal-eagle, to chat about the case of the week and then they get down to business with improv comedy for the ages. If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Laying Down the Law with Billy DeClercq, Esq.

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"Murphy's Law" with Cathy Eller and Matt Ritter, Esq. 1:00:36

for 4 years siden1:00:36

1:00:36

Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Cathy Eller and Matt Ritter stop by to talk about today’s case, Murphy v. Steeplechase Amusement Co. (AKA “The Flopper Case” Justice Benjamin Cardozo) in which an amusement park ride gave the delighted guests exactly what it promised. If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Laying Down the Law with Billy DeClercq, Esq.

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Licensed Denial with Jeremy Harlin and Shaun Landry 53:57

for 4 years siden53:57

53:57

Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Chicago natives and very funny people Jeremy Harlin and Shaun Landry drop in to chat about personal injury law and vanity plates. Jeremy Harlin has a number of projects coming to the screens both small and large very soon, follow him on instagram @king_jeremyharlin Shaun Landry has a dream to build a theatre focused on underserved people. A theatre that plays. A theatre that pays. A theatre that teaches. visit http://www.ledgetheatre.com to learn more about Shaun's vision, and to help bring it to reality. If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Laying Down the Law with Billy DeClercq, Esq.

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Fraud, Cheese, and the Moth with Joey Price and Curtis Retherford 1:09:35

for 4 years siden1:09:35

1:09:35

Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Curtis and Joey drop by to talk with Billy all about Fraud. Cheese... and the Moth. If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Laying Down the Law with Billy DeClercq, Esq.

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Obscenely Funny with Jay Singh and Griffin Taylor 1:34:29

for 4 years siden1:34:29

1:34:29

Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Jay Singh and Griffin Taylor join our *&!#$ host Billy to talk about @!*&# obscenities and the law. If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Laying Down the Law with Billy DeClercq, Esq.

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BONUS: Crossover With Em Persico 1:35:38

for 4 years siden1:35:38

1:35:38

Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Billy and Em speak about marriage equality, transgender rights and more. If you or someone you know needs help, contact the Trevor Project 24/7: 1-866-488-7386 www.thetrevorproject.org Podcast intro and bumper music by Transistor.fm . Learn how to start a podcast here. If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Laying Down the Law with Billy DeClercq, Esq.

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Role Reversal with Kristen Lucas 1:09:18

for 4 years siden1:09:18

1:09:18

Check out Billy on the Web: www.comedy.lawyer See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. Tickets: https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017 Billy flips the script and invites Kristen Lucas to host the show and ask some actual factual legal questions. Wanna know more? Listen! If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com…

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Laying Down the Law with Billy DeClercq, Esq. « »
"Murphy's Law" with Cathy Eller and Matt Ritter, Esq.