Earlier quoted context omitted.
The question isn't whether it happens but whether it would be considered a just outcome. He is drawing a comparison between something that is easily recognized as "getting off easy" to something that is harder to conceptualize because of the absolute size of the amounts involved.
It is a just outcome if the affected party feels satisfied. Just because there wasn't punishment (or wasn't "enough" punishment in someone's eyes) doesn't mean the outcome wasn't just. Justice doesn't mean punishment.
Plaintiff in tech hiring suit asks judge to reject settlement
31–37 of 37 posts
Re: Plaintiff in tech hiring suit asks judge to reject settlement
#32Earlier quoted context omitted.
Class actions work well when a great number of people are harmed for a relatively small sum each. Let's say company XYZ screwed up something in their product that is worth about $100 damage per incident, but it impacts 250k customers. It's really not worth it for any one person to sue XYZ for $100. But with a class action at least XYZ will feel some pinch for their wrong-doing.
Work well for whom? The outcome of cases like your example are the lawyers getting $$$$ and the class members getting a 20%-off-your-next-purchase coupon.
Re: Plaintiff in tech hiring suit asks judge to reject settlement
#33Attorneys don't push for settlements because they're greedy or unethical; they try to settle because it's almost always better than litigating. Litigation is risky, and even strong claims can lose at trial. Neither side wants to roll the dice.
Class actions are almost exclusively about leveraging the individual class members into a means of stopping a given behavior rather than achieving significant compensation for them. And in most cases, you'll find that the behavior's effects are relatively limited on an individual basis, but significant when considered in aggregate.
Litigation is expensive. When you're looking at a case where litigating your claim can cost you well over 500k if you're very lucky, even significant awards can amount to nothing more than Pyrrhic victories. Even your average punitive damages, when they're granted, aren't necessarily sufficient to push you into the black.
In this case, it's highly unlikely that any individual plaintiff could ever prove damages in excess of their legal costs. Individually, it's unlikely for the class members to come out ahead even assuming they're able to litigate in the first place. And they're damned sure unlikely to be able to change the behavior as a result.
It's easy to complain about class actions but those complaints have to be put in perspective. Environmental law alone would be sufficient to prove my point. In any case, I'd recommend this for a pretty well-balanced and fair primer to class actions (it's focused on procedure, but I think that's a good thing for this purpose):
http://law.duke.edu/grouplit/papers/classactionalexander.pdf
Re: Plaintiff in tech hiring suit asks judge to reject settlement
#34324 mln divided by 64K people is about 5K. So, you didn't hire me because of your little shitty agreement, I didn't get a 30-40K or more salary a year (not to mention possibly better benefits) and you give away 5 grand to sing "don't worry be happy?" Great math. When someone downloads a song it gets smacked with 100K bill and a jail time. But when you don't get a job, 5K sounds just about right.
Re: Plaintiff in tech hiring suit asks judge to reject settlement
#35I am under the impression that the information that this suit could have revealed about Mr Jobs' character was potentially far more damaging than any settlement or award the defendants might have to pay. To put it another way, I get the impression that settlement here is primarily for PR damage control, and only secondarily for limiting what the defendants must ultimately pay. Does this idea have any support? If I am…
I agree that the settlement is mainly about damage control. I also think the company most affected by said negative PR is Google. I'm still waiting for Eric to apologize to the recruiter who was fired for contacting an Apple employee and for Jonathan Rosemberg to have the decency of resigning.
Re: Plaintiff in tech hiring suit asks judge to reject settlement
#36Earlier quoted context omitted.
That does happen though. Apple could choose to not press charges and let him walk away free.
You are mistaken; it is the prosecutor who decides whether or not charges are filed, not the victim. The concept of "pressing charges" is basically a myth.
Surely you can decide for yourself if you press charges or not on a break-in or a theft (sometimes such cases are just a case of misunderstanding, etc, so people can just work it out and nobody needs to go to court)
I think murder or assault is out of your hands, as it's considered in the public's interest to prosecute such crimes.
Re: Plaintiff in tech hiring suit asks judge to reject settlement
#37Earlier quoted context omitted.
You are mistaken; it is the prosecutor who decides whether or not charges are filed, not the victim. The concept of "pressing charges" is basically a myth.
Only for specific crimes, IIRC. Surely you can decide for yourself if you press charges or not on a break-in or a theft (sometimes such cases are just a case of misunderstanding, etc, so people can just work it out and nobody needs to go to court) I think murder or assault is out of your hands, as it's considered in the public's interest to prosecute such crimes.