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stella awards 2011

Re: stella awards 2011

pirate said:
Oh, I would suggest that the bar is a far bigger influence than you are recognizing.

Also, relative to a different comment, the budget for a corporate legal department is focused on settlements. There are few times a company really wants to spend 2 years and millions of dollars fighting a case.

A back and forth on examples could fill a whole thread...we all know there are cases that are completely with merit and the company should be held responsible. The opposite it true as well, and not all judges are quick to take the side of the big bad corporation. So, the cases get settled. Ask the company and they'd say it is basically extortion. There have been quite a few instances of law firms getting caught hiring people to create class action suits with little to no merit, just so they could threaten enough action to get a settlement, of which the law firm keeps most.
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Yeah, no one is going to argue that the system can't be or isn't abused. But to me, if you have to give someone the benefit of the doubt, you give it to the little guy. Just like the philosophy that it is better for ten criminals to go free than for one innocent person to go to prison, I believe that it is better for (some number larger than 1, but maybe smaller than 10, whatever) companies to pay on frivolous lawsuits than for one person to have their life ruined by someone else's behavior.

On a side note, what I love is that both the tort reformers and the anti- people use personal responsibility as a talking point.
 
Re: stella awards 2011

duper said:
Cases with no merit whatsoever are generally dismissed by the judge.
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Even if that is the case, the defendant still has to hire a lawyer to file the motion requesting dismissal, and perhaps also appeal the initial ruling as well. Is it really asking so much that, if a case is indeed dismissed without merit, then the person bringing the suit be required to pay the defendant's costs to file the motion to get the suit dismissed?

yet see how much the trial bar lobbies against even that minor modification.
 
Re: stella awards 2011

FreshFish said:
Even if that is the case, the defendant still has to hire a lawyer to file the motion requesting dismissal, and perhaps also appeal the initial ruling as well. Is it really asking so much that, if a case is indeed dismissed without merit, then the person bringing the suit be required to pay the defendant's costs to file the motion to get the suit dismissed?

yet see how much the trial bar lobbies against even that minor modification.
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I don't know about any other state, but my state grants the judge discretion to do exactly that.
 
Re: stella awards 2011

duper said:
Yeah, no one is going to argue that the system can't be or isn't abused. But to me, if you have to give someone the benefit of the doubt, you give it to the little guy. Just like the philosophy that it is better for ten criminals to go free than for one innocent person to go to prison, I believe that it is better for (some number larger than 1, but maybe smaller than 10, whatever) companies to pay on frivolous lawsuits than for one person to have their life ruined by someone else's behavior.

On a side note, what I love is that both the tort reformers and the anti- people use personal responsibility as a talking point.
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I'd rather the system be blind to size and scope and instead preside with fairness and common sense. Keep in mind, you pay for every one of those settlements and lawsuits, even if somebody just decides to penalize a big company because they are a big company. Every service and every thing you buy is inflated in price to account for not only lawsuits but insurance against them too
 
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