Originally Posted by Dr Millmoss
In brief, I'd put it is this way: I think this lawsuit is at least a little silly on the face of it, but whether it's frivolous or meritorious is up to the courts to decide based on the facts and the law. That's why we have courts, and judges, and such. My contrary reaction comes when it seems to generate endless comments about how the legal system is utterly broken, for no other reason than a person can file a lawsuit they personally don't think should be filed. The next step in this illogical chain is to reduce access to the courts, as though that fixes the "problem" as they perceive it. The reality is, most of these "solutions" are designed to keep people of less means from filing lawsuits and are proposed by people who, whether they are honest about it or not, want this result.
I'll assume that much of this is directed towards me.
I do not want to limit people's access to the courts; I simply want a more workable solution. I actually am happy to see that accommodations have been made to make sure that the courts remain available to all. From the second article:
Some jurisdictions have over the years weakened loser-pays provisions in ways that create important exceptions in a minority of cases. Perhaps the best-known of these rules, in Britain, denies fee recovery to prevailing defendants when they are sued by plaintiffs assisted by official legal-aid funds, a policy that many spokesmen for defendants have bitterly denounced as unfair and inconsistent with national tradition. Even in these cases, it seems, defendants benefit from the distinctive British pay-into-court system (see below). More recently, Britain has excluded an even wider class of injury claims from the rule. Although Ontario has somewhat watered down its loser-pays provisions for class actions, they are still far superior to the American rules in discouraging ill-founded litigation
BTW, since you intimated earlier that this issue seemed tied to a certain political position, you should know that my politics are most definitely center-left. I am not in lock-step with Republicans trying to deny the less fortunate the opportunity to recover actual damages. I just happen to believe that the current system has turned into legalized extortion. Apple (and most corporations) settle all the time because it is just more expedient - even when they feel they have a strong case.