Many cases are thrown out on a simple request, or a document generated from
legal forms software.  Dismissals rarely require "research" because of the
obvious nature of the suit that was filed.

And please don't confuse strategy and tactics with the viability of a case.
The two have little to do with one another in the real world.  If Baylor's
claims were "easily" to defeat, that wouldn't affect the desire or ability
to go to court.  Likewise, if Baylor's claims were spot-on, that doesn't
mean they would have the time and effort, considering everything else they
have on their plates, to see the case through, depending on the tactics used
by the defendant.

I think Ian addressed the hot coffee incident, but I would further argue
that it wasn't hot coffee at all in a legal sense; it was an entirely
different product delivered for a purpose it could not reasonably fulfill,
namely an ingestible beverage.  

If you take baby formula and microwave it to boiling, it is no longer "baby
formula" because in that state it is not appropriate for babies and cannot
provide nutrition.  In fact, if reasonable well-established attempts were
not made to prevent it from ever being at that state in the first place, it
could easily be argued that incompetence was involved, and the system that
allowed such incompetence to be exercised was negligent in doing so due to
the obvious human consequences of involving incompetence, and that makes it
a whole new ball game, legally.

So... how many times have you been sued, and why?

Respectfully,

Adam Phillip Churvis 
President
Productivity Enhancement

-----Original Message-----
From: Gruss Gott [mailto:[EMAIL PROTECTED] 
Sent: Friday, December 21, 2007 12:07 PM
To: CF-Community
Subject: Re: Someone is trying to sue me

> Adam wrote:
> The threat is only effective against people uninformed enough to forego
> competent legal counsel and attempt to navigate legal waters themselves.
>

Well, not sure how many of these you've been though, but I've been
through a bunch, with facts about exactly the same, and that's one of
the threats every time.  To the point where a suit is "dismissed" the
opposing attorneys have to do research and write up a defense.  Then
it all has to be presented.  Many times that work is enough to make
the trouble worth more than doing nothing.

I'm with you that we're an overly litigious society, but, hey, if you
can sue for hot coffee in the lap and win then why not?  This is why
ladders cost a fortune - the liability of manufacture due to past
litigation is priced into them.

If we look at Bruce's case, for example, the Baylor attorneys have
made all kinds of threats and allegations.  My guess is that they're
all bogus and easily defeatable, but in any case Bruce is backing off
because it's not worth it to him to research into it.

QED.



~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~|
Adobe® ColdFusion® 8 software 8 is the most important and dramatic release to 
date
Get the Free Trial
http://ad.doubleclick.net/clk;160198600;22374440;w

Archive: 
http://www.houseoffusion.com/groups/CF-Community/message.cfm/messageid:248839
Subscription: http://www.houseoffusion.com/groups/CF-Community/subscribe.cfm
Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.5

Reply via email to