Quote:
Originally Posted by
jragosta 
Really? Care to point to a similar case where the attorneys have been fined heavily by the court for filing a frivolous suit?
And on what basis do you claim that it's frivolous? Especially since you claim that it doesn't work as advertised.
I think you're imagining things.
http://jonathanturley.org/2009/10/13...er-litigation/
That's one of thousands. Literally- thousands. Just google it man. I don't know how many times you have to get proven wrong with egg on your face before you learn to stop calling out people with stuff you don't know.
While you're at it- look at those that have been disbarred or held in contempt, and the law firms sanctioned (I'm thinking of a $900k sanction on a firm that tried to sue chrysler at top of mind).
Here is the legal document so you can educate yourself:
In the United States, Rule 11 of the Federal Rules of Civil Procedure and similar state rules require that an attorney perform a due diligence investigation concerning the factual basis for any claim or defense. Jurisdictions differ on whether a claim or defense can be frivolous if the attorney acted in good faith. Because such a defense or claim wastes the court's and the other parties' time, resources and legal fees, sanctions may be imposed by a court upon the party or the lawyer who presents the frivolous defense or claim. The law firm may also be sanctioned, or even held in contempt.
To your second "point"- never did I claim it WAS frivolous. I said "if it is found to be frivolous". In a nutshell- my point was that everyone needs to stop throwing stones because it hasn't even been determined yet. If the elected judge finds it frivolous, then the people have spoken. if the elected judge finds it valid, then the people have spoken. If our constitutional right and the Jury of our peers (if it gets to that point) finds he is awarded a sum- then the people have spoken. If they don't find he is owed anything- then the people have spoken.
All I'm saying is let the courts decide. And let both arguments be made by the plaintiffs and defendants. Everyone out here starts toting their opinions and throwing insults at the guy and they don't even have any facts. Until they have their day in court- we won't have all the facts. Get facts- then make opinions. Opinions based on no fact are really childish.
As a side note:
"Heavily fined" is a relative term. The majority of attorneys are not wealthy by any means. Moreover, your very wealthy attorneys that make hundreds of thousands (or millions) of dollars typically don't need to "make a name for themselves". Why? They are already rich and it hurts their credibility. If they think they can win- they take the case. One of our side companies at our office is a shell company that finances smaller attorney's court costs. If they win, they pay us when they get their court costs back. We are basically a financier while they go through the 3-6 month (sometimes longer) litigation process and accumulate $5k, $10k, $20k, $50k, etc. worth of expenses. We charge a % to carry their court costs, and then they pay us back at judgement + interest. Of the hundreds of cases a year, maybe 1 gets lost, and they are put on a repayment schedule (or lump sum). Again, 99% of your attorneys take cases they believe they can win. You'd be amazed at the number of finances we do weekly. And we're a tiny company in the scheme of it all. There are hundreds of others. Thats because attorneys can't even float a measly $20k. So when you get fined "$25k", don't think of some hot shot lawyer driving a porsche and having $10k suits. Its a guy, in an office of 3, who is getting by case by case. $25k hurts him a lot. Not to mention he just dedicated several weeks or months worth of work.
Frivolous lawsuits aren't as prominent as the Chamber of Commerce wants you to believe they are.
Quote:
Originally Posted by
AdonisSMU 
Jury? If it even gets that far. Apple made more than an effort to let everyone know that Siri was beta. Secondly, he can just return the fuckin phone within the return period like most unsatisfied customers do.
While you and I know- I assure you my parents in my 60s have no idea. They don't quite follow the tech blogs. In fact my 20 something wife doesn't know either- just asked- and she's married to me- an apple nerd. I'd say 80-90% don't know (just an assumption).