Dumb lawsuit
6 Responses to “Dumb lawsuit”
Remember, I do this to entertain me, not you.
Uncle Pays the Bills
 |
|
Find Local
|
Categories
- ATF (769)
- Death Match (10)
- Eminent Domain (225)
- In the bag (9)
- Notes to Junior (546)
- Poker (74)
- Recipes (142)
- Shotgun Noob (11)
- The Airing of Grievances (19)
- uncategorized (47,725)
July 27th, 2012 at 11:14 am
This nonsense will never end until a modified version of “loser pays” is implemented. The “loser” would also include the lawyer\law firm, with chronic offenders open to disbarment.
July 27th, 2012 at 12:33 pm
Treefroggy: Or a victim’s rights statute forbidding perps from suing victims.
July 27th, 2012 at 5:22 pm
Having been suing 6 times, I can’t tell you this wont go anywhere. It’s a bs case, and it isn’t that easy to convince a jury that you deserve money just because you want it. Still, getting sued sucks.
July 27th, 2012 at 6:31 pm
The lawyer representing the family should be disbarred.
July 27th, 2012 at 6:34 pm
We need to push for laws that hold employers/companies liable for harm caused to employees/customers if they do not provide adequate protection while having a no firearms policy. This is more reason why one of my dream jobs is working at a firearm store, or range. They encourage you to carry. I saw video of a firearm store that clears their parking lot like SWAT before opening, and after closing.
July 27th, 2012 at 6:55 pm
The problem is that it’s a BS case, and it will still cost upwards of $10 grand to defend. A lawyer has to be retained to write an answer to the BS complaint, or demurr if there’s a flaw in the pleading, in which case the Plaintiff always gets a chance to amend the complaint; the judges don’t want to keep legitimate claims out, so illegitimate ones slip through. After answering, there’s a round of discovery, and the Plaintiff won’t want to show there’s no case, so likely a motion to compel responses will have to be made by Defendant, at least one deposition will be scheduled, probably two, one of the shooter, another of the person knowledgeable about how the lethal defense policy of the company was established and communicated. After that, there might be a motion for summary judgment, in which the Defendant asserts, with evidence from the depositions and the discovery, why there is no dispute of any material (important and deciding) fact, and as a matter of law the case has to be decided in Defendant’s favor. Plaintiff will oppose, and a rebuttal brief has to be drafted, and the motion will be argued in court. After that, the case can go to trial, and it will probably be a 4-5 day trial, what with picking a jury and having experts testify, too — those experts will have to be deposed before trial, too. If it goes to trial, that’s $30,000 right there. Under the current law, only part of the costs (not the attorney fees, the costs, ie the expert and some court reporter fees) are recoverable by the winner, and there’s an element of gamble there, as it is based on the other side getting a more favorable jury verdict than what your motion predicts.
Wasn’t it Voltaire who said that he faced financial ruin only twice, once when he lost a lawsuit and once when he won one?