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Court (and out-of-court) settlements that suck

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  • Court (and out-of-court) settlements that suck

    Paying millions in compensation to settle a lawsuit with the proviso of "no admission of wrongdoing" (aka "enough lawyers to avoid guilt, technically") makes no sense and should not be permitted. Same thing with cease-and-desist rulings on blatantly false or misleading advertising/labeling by food and pharma companies. IMHO.

    Or maybe I'm just tired of reading about it.
    Apolyton's Grim Reaper 2008, 2010 & 2011
    RIP lest we forget... SG (2) and LaFayette -- Civ2 Succession Games Brothers-in-Arms

  • #2
    If a corporation does it, it's not wrong.
    To us, it is the BEAST.

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    • #3
      It might be better than the alternative. Giant corporations feel much more comfortable paying a small settlement than taking the chance of paying a very large reward. However, this is based on an irrational view of probability. The statistics indicate that companies would probably dish out less money over all if they went to court every time rather than settle, because the odds of the ruling being negative (for them) are usually pretty small.
      Click here if you're having trouble sleeping.
      "We confess our little faults to persuade people that we have no large ones." - François de La Rochefoucauld

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      • #4
        Originally posted by -Jrabbit View Post
        Paying millions in compensation to settle a lawsuit with the proviso of "no admission of wrongdoing" (aka "enough lawyers to avoid guilt, technically") makes no sense and should not be permitted. Same thing with cease-and-desist rulings on blatantly false or misleading advertising/labeling by food and pharma companies. IMHO.

        Or maybe I'm just tired of reading about it.
        That's what most of the big banks and "financial institutions" do when ever they're caught committing a criminal act. I remember reading (though I haven't fact checked it but it sounds true) that no financial type person has been found guilty of any wrong doing since the 1987 financial crisis. When you have enough money in the US you get away scot free.
        Try http://wordforge.net/index.php for discussion and debate.

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        • #5
          Originally posted by Dinner View Post
          I remember reading (though I haven't fact checked it but it sounds true) that no financial type person has been found guilty of any wrong doing since the 1987 financial crisis.
          To us, it is the BEAST.

          Comment


          • #6
            The other thing I hate are the settlements with confidentiality/non-disclosure agreements. The rest of us deserve to know if we are in danger too.
            “It is no use trying to 'see through' first principles. If you see through everything, then everything is transparent. But a wholly transparent world is an invisible world. To 'see through' all things is the same as not to see.”

            ― C.S. Lewis, The Abolition of Man

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            • #7
              Originally posted by Sava View Post
              If a corporation does it, it's not wrong.
              QED
              "I hope I get to punch you in the face one day" - MRT144, Imran Siddiqui
              'I'm fairly certain that a ban on me punching you in the face is not a "right" worth respecting." - loinburger

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              • #8
                You guys are reminding me of a Canadian SciFi show "Continuum".
                “It is no use trying to 'see through' first principles. If you see through everything, then everything is transparent. But a wholly transparent world is an invisible world. To 'see through' all things is the same as not to see.”

                ― C.S. Lewis, The Abolition of Man

                Comment


                • #9
                  Originally posted by pchang View Post
                  The other thing I hate are the settlements with confidentiality/non-disclosure agreements. The rest of us deserve to know if we are in danger too.
                  Has there ever been a case where NDAs for public hazards caused greater harm and there was civil law action taken?
                  "I hope I get to punch you in the face one day" - MRT144, Imran Siddiqui
                  'I'm fairly certain that a ban on me punching you in the face is not a "right" worth respecting." - loinburger

                  Comment


                  • #10
                    Hard to say since no one is allowed to talk about it.
                    “It is no use trying to 'see through' first principles. If you see through everything, then everything is transparent. But a wholly transparent world is an invisible world. To 'see through' all things is the same as not to see.”

                    ― C.S. Lewis, The Abolition of Man

                    Comment


                    • #11
                      Originally posted by pchang View Post
                      You guys are reminding me of a Canadian SciFi show "Continuum".
                      Yeah, because everyone who criticizes a corporation is a violent, time traveling psychopath.

                      But if I get to bang Rachel Nichols, I don't care.
                      To us, it is the BEAST.

                      Comment


                      • #12
                        Originally posted by pchang View Post
                        You guys are reminding me of a Canadian SciFi show "Continuum".
                        I've found the show's stance on corporations to be quite nuanced. They talk about the fact that corporations basically saved the human race (in Canada, anyway) after the government collapsed, for example.

                        Originally posted by Sava View Post
                        But if I get to bang Rachel Nichols, I don't care.
                        Indeed.
                        Click here if you're having trouble sleeping.
                        "We confess our little faults to persuade people that we have no large ones." - François de La Rochefoucauld

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                        • #13
                          for Guy:
                          To us, it is the BEAST.

                          Comment


                          • #14
                            Here's the thing: when cash is allowed to substitute for guilt, the cost of the settlement is just passed along to consumers. So the people who got screwed end up paying for the privilege by getting screwed again. That's fundamentally unfair, and may be a core indicator of how our "free" market has been co-opted.
                            Apolyton's Grim Reaper 2008, 2010 & 2011
                            RIP lest we forget... SG (2) and LaFayette -- Civ2 Succession Games Brothers-in-Arms

                            Comment


                            • #15
                              Cash is speech. When a corporation says, "I'm innocent", it's true... because the money they pay makes the victimconcerned-party agree with them.
                              To us, it is the BEAST.

                              Comment

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