ZOMG!!!!11!! Che Totally PWNED!

[Flubber]

Re: Re: Re: Re: Tort Abuse! Oh noes!

Originally posted by Caligastia


How is it decided whether a case has legal merit or not? I mean, it depends on who is interpreting the law to some extent doesn't it?

yes -- obviously saying something has no merit means some assessment of the situation has to take place. Most civil systems allow a defendent to bring an application to strike a claim early. You have to assume every fact alleged by the plaintiff is true and then show that no cause of action arises

[Caligastia]

Is that in Canada or the US?

[Ogie Oglethorpe]

I'm assuming that some if not the majority of cases are assumed to have merit simply not the damages that are being claimed. For instance the infamous (urban legend?) McDonalds case where in damages were requested in the millions for a cup of hot joe.

McDonalds had some liability but not to the extent of the damages requested.

[Imran Siddiqui]

Ogie, in negotiations do you usually start with the exact amount you are willing to pay, or do you bid high?

And the millions in the McDonald's coffee case were in punitive damages, not compensatory. McDonalds was aware of the risk, heated its coffee to a very high level because they had substandard coffee beans and overheating would make it taste better, had people complain for ages and did absolutely nothing about it. When you are heating your coffee 20 degrees higher than your competitors to hide substandard taste, and you knew that it was unsafe, you deserve to get a high award against you to punish you.

Though in the end, I believe the amount was reduced to a little over $100,000.

And Hell, IIRC, the woman just wanted McD's to pay for her hospital bills. When McD's was rude to her, she decided to go to court.

[chequita guevara]

Actually, I must admit, I was completely wrong. This is what happens when you wake up in the middle of news story. Your brain adds things and you aren't even aware of it.



This was about complaints judicial conflicts of interests and how they were handled. Not torts.



The numbers were 2,000,000 cases last year. 700 complaints, 70% of which were disposed of properly, 30% which weren't.

=====

ZOMG!!!!!!!11!!1! PWNED!

Everybody point and laugh at Che.

[Flubber]

Originally posted by chegitz guevara
Actually, I must admit, I was completely wrong. This is what happens when you wake up in the middle of news story. Your brain adds things and you aren't even aware of it.



This was about complaints judicial conflicts of interests and how they were handled. Not torts.



The numbers were 2,000,000 cases last year. 700 complaints, 70% of which were disposed of properly, 30% which weren't.

=====

ZOMG!!!!!!!11!!1! PWNED!

Everybody point and laugh at Che.

I KNEW that the frivolous numbers were way too low-- heck there must be 1000 crazy lawsuits just about politics alone down there

[Kuciwalker]

[chequita guevara]

What a dumbass. Stupid commie!

[MrFun]

Originally posted by chegitz guevara

ZOMG!!!!!!!11!!1! PWNED!

Everybody point and laugh at Che.

I'm much more mature than the others on here to fall into the predictable pattern of laughing at your ridiculous mistake . . . . . .













see . . . . . . . .

















I'm not laughing . . . . . . . . . .













(holding his breath) . . . . . . . .













oops

[Ming]

Per direction of the thread starter... title changed

[SlowwHand]

to Che for style and grace.

[Dr Strangelove]

Hmmmmmmmmm................. Some years ago one of my nurses divorced her husband and got custody of their child. The case was handled in a city court since that was where the couple had been residing. Deciding factors in the case had been Dad's repeated alcohol fueled run ins with the law, his inability to maintain a job, also alcohol fueled and repeated assault of his wife, confirmed by a whole slew of witnesses. It turned out that the hubbie's father was a close friend of a judge in a neighboring county. One day hubbie wrested the kid away from our nurse, at gun point, drove the kid over the county line and had the friendly judge reverse the decision.

[chequita guevara]

Thank you, Ming.

[Cort Haus]

Originally posted by SlowwHand
to Che for style and grace.

Yes, a most dignified retraction, Che.

[Flubber]

Originally posted by Dr Strangelove
Hmmmmmmmmm................. Some years ago one of my nurses divorced her husband and got custody of their child. The case was handled in a city court since that was where the couple had been residing. Deciding factors in the case had been Dad's repeated alcohol fueled run ins with the law, his inability to maintain a job, also alcohol fueled and repeated assault of his wife, confirmed by a whole slew of witnesses. It turned out that the hubbie's father was a close friend of a judge in a neighboring county. One day hubbie wrested the kid away from our nurse, at gun point, drove the kid over the county line and had the friendly judge reverse the decision.

Wow

That should get the judge spanked. Don't you guys have any procedural rules to limit that kind of forum shopping. Even without the "judge as a buddy factor", people shouldn't have to relitigate the same matters over and over (unless through a proper appeal to a higher court level)