31–40 of 93 posts
The (American) judicial system is broken when this type of class justice arises. This is a dangerous development.
when it comes to the little guy been screwed over by the ones with the cash to pay lawyers i don't think the usa has any monopoly in this area. my favourite case of the big guy losing despite the resources they bring to bear is the mclibel case ( http://en.wikipedia.org/wiki/McLibel_Case )
> He told me that I was technically in my legal right to use Isaac Asimov’s material. However, if I chose to proceed, they would file multiple lawsuits totaling over 2 million dollars against me. Hmm, if the lawyer admitted he was technically in the right, I wonder if recording that phone call could've gotten any lawsuits thrown out as frivolous.
Question for any lawyers present: If a lawyer threatens to "ruin your life with litigation", etc., can't that be construed as a threat/bribe? I would think it would be illegal to call a student, who doesn't know any better, and threaten to ruin their life, especially if the threats you're making aren't actually true. In any case, the obvious next step in the student's situation is to contact a lawyer, and see if ther…
The technical term is "barratry", and it is illegal in some jurisdictions, but not all.
Question for any lawyers present: If a lawyer threatens to "ruin your life with litigation", etc., can't that be construed as a threat/bribe? I would think it would be illegal to call a student, who doesn't know any better, and threaten to ruin their life, especially if the threats you're making aren't actually true. In any case, the obvious next step in the student's situation is to contact a lawyer, and see if ther…
Most colleges have student legal assistance available, I think. I wonder if he tried going that route?
Earlier quoted context omitted.
The technical term is "barratry", and it is illegal in some jurisdictions, but not all.
I thought it was illegal in all jurisdictions?
(Note: I am not a lawyer.)
Americans, why don't you introduce the concept where courts are encouraged to award all costs against the loser? This culture is widespread in the commonwealth, and strategic court actions are less common. It should be a really simple change.
Nothing is stopping the defending counsel from getting a team of high priced lawyers, verses the 1 you could afford, and stuffing you with the bill of not only your lawyer, but all of theirs.
There is nothing fundamentally wrong with the US civil court system.[1] Just like there isn't a knifing epidemic in the UK. People see these cases in the media and get the idea this is common when it really isn't. This is what people that want to reform the tort system are trying to convince you. It's not the small businesses that have a problem with the current system. It's Macdonalds and ATT that believe they shouldn't have to pay millions in class action suits.
Back in '97 I was the CTO of a VC funded startup. Within weeks of our funding closing a company we had been working with for about a year initiated litigation over an IP matter. Even though it was the company, and not me personally, who was being sued that time was the most stressful time of my life - the sheer injustice of it all left a deep scar on me. However, we had a good law firm and money in the bank - our law…
This is an incredibly ridiculous story. This student is exactly the type of person Hollywood should be nurturing: a creative student with vision, perusing his creative 'dream' and not letting his limited means get in the way of his vision. It's a real pity that this happened, and a lost opportunity for the film industry. It could have been simple for them to take this as an opportunity and make something great out it…
>That said, I don't think this is an excuse to take 'revenge' on these companies, "one download at a time". If this isn't, I don't know what is. Note that the author was talking about the fragment of his own film that he uploaded (and subsequently took down). "one download at a time" is referring to the downloads of that fragment (which, by the other party's admission, he had the right to shoot, and holds the copyrig…
Question for any lawyers present: If a lawyer threatens to "ruin your life with litigation", etc., can't that be construed as a threat/bribe? I would think it would be illegal to call a student, who doesn't know any better, and threaten to ruin their life, especially if the threats you're making aren't actually true. In any case, the obvious next step in the student's situation is to contact a lawyer, and see if ther…
ruin your life with litigation might be illegal in some jurisdictions. If he threatened him with a criminal threat, ie "we're going to send you to jail if you don't pay up," that I know is definitely illegal and I've heard of lawyers threatened with disbarment for it.
Has anyone actually been disbarred, though? Threats are cheap.