[FoRK] The Platform
zero at rawbw.com
Mon Jun 30 08:38:49 PDT 2008
On Mon, 30 Jun 2008, Jeff Bone wrote:
> Think it through, Stephen. Really. Under the correct
> parameterization of this idea there's absolutely no chilling effect
> beyond that impacting the meritless case, which is precisely what
> should be eliminated or reduced.
I don't think that's the way it'd play out. I think *you're* the one
obsessing on the edge cases: a) cases so airtight that attorneys are
guaranteed a win, and b) cases so obviously bogus that they should (and
often do) get tossed out out of hand.
I think there are a lot more in the middle which have merit... but there
are contested "facts", or whatever normally complicates a case, which are
certainly worth pursuing, and shouldn't necessarily bankrupt the
plaintiff, who's usually the "little guy" in the equation.
Sure, there are plenty of examples of cases that really stick in the craw
like the woman who got half a zillion dollars from McD's for spilling hot
coffee on herself, but I think with this proposal you're erring too far in
the other direction.
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