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Soxbadger

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Everything posted by Soxbadger

  1. And thats not even adding equity into the equation versus paying rent and getting no equity.
  2. I guess its just a difference in philosophy. The Court isnt there to help those who are unwilling to help themselves, in the grand scheme most Plaintiff's will forgo suing for $10. But how is that any different from the various other things that we just let go of in life because its not worth the time, money or effort? Im not sure that the purpose of Class Action lawsuits is to help Plaintiff's, Im pretty sure the purpose is to help the Court. The Court is unbiased, a lot of this argument is taking the position that the Court should help Plaintiff's which goes against our fundamental ideas of fairness in Court.
  3. Almost 0, the worst would be reimbursing the filing fee (around $200), but I have never seen a Judge hit a Pro Se Plaintiff with anything like that.
  4. Just for reference, have you ever been involved in a case involving a Pro Se Plaintiff, or even witnessed a case involving a Pro Se Plaintiff?
  5. As I explained before you can get a fee waiver, so no cost to Pro Se Plaintiff.
  6. No she got punitive damages because McDonalds served coffee to hot for industry standard. Injuries are direct damages, not punitive which are to punish. Which goes back to the point that an individual lawsuit can punish a corp. That case was bounced for mandatory arb clause. Entirely different argument. The Court is there to address those who have the time and effort to care. Class action suits are to make life easier for the court, not life easier for the Plaintiff's. Thats a pretty major point that seems to be lost in this thread.
  7. Um that just isnt true. As an individual plaintiff you could argue that there was systematic discrimination, and you could ask for punitive damages against Walmart as a whole. Why would they not be able to sue for systematic discrimination, if it occurred and they were damaged, what would prevent them?
  8. Jenks. Well thats the reason why the class in this case is suspect, because what judicial economy can result here? If you are talking about hundreds of different stores,with thousands of different employees, the class is actually going to be far more burdensome, than actually having the cases separated.
  9. An individual can get punitive damages. That is the "punishment", think of the McDonalds coffee lawsuit. She won millions of dollars for all of the cups of coffee that were served to hot. That lawsuit could have been a claim where millions of people from McDonalds sued because McD's served coffee to hot. So they would have each gotten a coupon to McD's while their attorneys made millions. The bottom line is that an individual lawsuit or a class action lawsuit can punish a corporation in the same way. The entire purpose of the Class is that they are so similar, it would be a waste of time to adjudicate individual claims. These are claims that arise from the same incident, same transaction, where the same depositions, same interrogatories etc would have to be done thousands of times, instead of once. Look at the Wal-Mart case, these are factually different cases, by different people. If anything making this a class would make there be more work, because youd have to depose every single manager from every Wal-Mart, where as if it was a single case it may only be necessary to depose that single store. Class Actions are a way for attorneys to try and get huge fees on small cases. There is a reason why they make classes, and its not to get their client $30. Im not sure that Ive ever dealt with a corporation that wouldnt settle for under $100 with no questions asked. So does the Class Action help individuals? It helps those that didnt know they were damaged in the first place. So yes my argument does address it, because it shows why Class Action lawsuits arent as important as they are being made out to be in this thread. if you care enough, you have the right to go to court and have your day in the sun. (edit) To address Breyer, Hundreds to thousands of legitimate claims are never brought because the amount of the controversy is less than the court cost. I have to tell people that every day, that its not worth suing over $30 etc. But there is a reason, its because if you let everyone sue over everything, the Daley Center would be so packed that you wouldnt get a court date for the next 5 years. If you are upset enough, pay the $200 and have your day in the sun. If you cant afford it, you can get a fee waiver. It really is not that hard.
  10. You mean that individual plaintiffs will have to deal with the costs of bringing lawsuits, instead of getting a free ride as a member of a class? At the end of the day class action lawsuits generally benefit 1 group of individuals, lawyers. Millions of dollars are paid to the class action attorneys, very little real money ever reaches the classes hands. Its just a stupid system regardless, but if you want to sue a company, you should have to pay the cost of the lawsuit. They are free to file pro se and most likely the Defendant would settle for nuisance (you can generally get a few hundred dollars just for them not having to file appearance actually hire an attorney). As I said Class Actions are for the benefit of attorneys who make millions, while the injured class gets pennies. Honestly Im not a huge fan of class actions just because they are really nothing more than individual claims that are joined together so that a law firm can get a big pay day. I really dont believe class action suits are there for the benefit of the actual individuals, otherwise you wouldnt see the type of settlements that the class action attorneys sign off on. As long as the attorneys get paid, they could care less what happens to their "plaintiffs". Id be far more cynical if class action lawsuits could only be brought by NFP law firms with the majority of the money going to the harmed class.
  11. If youre looking pg at 4 youd probably take Brandon Knight over Kemba Walker. But I dont think that Derrick Williams + Knight is better than Irving + Kanter, or whoever else they can get at 4. Walker is to much Ben Gordon for me to rely on him as the pg, and hes just not built to be a SG.
  12. Walmart doesnt get away with it, any individual can still sue Walmart. Class action lawsuits are not a right, they are really only supposed to be there for convenience.
  13. Which you can interpret as a good thing or bad thing, besides for Kobe almost all of the legendary NBA players played at the college level. A great majority of them having played in Championships in the NCAA. Maybe Lebron is a better player today if he was coached by a Dean Smith, its not always for the best to be rushed into everything.
  14. We stink so far this year. You cant say what will happen until it happens.
  15. Put me on ignore then. If you care about my avatar, just please put me on ignore. Its the most ridiculous comment Ive ever read.
  16. Elrockin, Ever since 2006 if the Sox lose a game its the end of the season. Used to be a time when this place was fun and optimistic. I just wonder what everyone gets out of wanting to jump off a bridge after every game, doesnt seem like a way to enjoy a sport.
  17. Where he should be at? Hes not even 30, has multiple MVP's and regardless of how underachieving he is, I doubt many people have him outside of the top 10 current players. Its easy to see his physical ability, but what about where he is mentally? The guy can shoot a thousand jump shots, practice his post game all night long, but it wont change who he is. Some people live for the pressure, when the chips are down, when its the moment, they take it to the next level. Some people are born with it, I just dont think Lebron has it at the moment. But that doesnt mean he cant get there, its just a terrible scenario with Wade, because at the end of the day, one of them has to be the man. People are just way to hard on Lebron, just because you have all the physical gifts in the world doesnt mean you have the mental toughness to put it together. The guy is still young, he just needs someone to bring it out of him, it may never happen, but people just expect to much from the guy.
  18. Soxbadger

    2011 TV Thread

    I watched Falling Skys last night, Im not sure it will be better than V or The Event, but it has Dr Carter so Ill give it a chance. Its summer tv season so more iffy shows crack the rotation.
  19. Soxbadger

    2011 TV Thread

    It really sucks that Game of Thrones wont be back until next Spring, I may even pick up the first book just to bide my time because thats a long damn time.
  20. Settlements always happen at the last second, its the nature of playing the game of chicken. If you can make the other side swerve, you win, even if you were fully willing to swerve as well.
  21. We would bench our best hitter because you dont question Ozzie Guillen, he is the one who fills out the scorecards.
  22. Its hard to understand unless you have been around a culture of rioting. Madison had a few, and eventually Halloween just became an excuse to start one. When you look at the pictures its clear it has nothing to really do with the Canucks, and everything to do with the riot.
  23. If the Sox win tomorrow its a split against the Twins, not really something Id kill myself over.
  24. haha I have an emergency alert, guess Ill never know what happens.
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