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What a preposterous statement. You can’t “roll the dice” in court if your case has no merit because it would be dismissed at the pre-answer or summary judgment stage. The only thing you’ve shown is that you have no clue as to how the judiciary actually works.
The legal process isn’t an Atlantic City casino. Cases aren’t decided by chance, particularly when a defendant has the resources to hire the best law firms in the word to litigate the pertinent issues.
Are you telling me there are no frivolous cases? Because that is what we are talking about and that was your initial question to me. And I did ask if you were being facetious.
Are you telling me there are no frivolous cases? Because that is what we are talking about and that was your initial question to me. And I did ask if you were being facetious.
Are frivolous cases filed? Sure. Are frivolous cases adjudicated in favor of plaintiffs? No. Because by definition a frivolous case lacks the merit for such a result to occur.
The system has checks and balances to deal with frivolous cases already, inculding Federal Rule 11 (and state court equivalents) which can grant fee shifting to the prevailing litigant in frivolous cases.
As I said, you are clearly unfamiliar with how the judiciary works, which is why your view is so uninformed.
Are frivolous cases filed? Sure. Are frivolous cases adjudicated in favor of plaintiffs? No. Because by definition a frivolous case lacks the merit for such a result to occur.
The system has checks and balances to deal with frivolous cases already, inculding Federal Rule 11 (and state court equivalents) which can grant fee shifting to the prevailing litigant in frivolous cases.
As I said, you are clearly unfamiliar with how the judiciary works, which is why your view is so uninformed.
And every one of those frivolous cases which are filed take up court time and billable hours to get to the point where they get thrown out.
How much did it cost the defendants and how much court time was taken up in Connecticut until the suit filed by the Newtown parents against Remington was thrown out? And did Remington get its fees paid by the plaintiffs?
Are frivolous cases filed? Sure. Are frivolous cases adjudicated in favor of plaintiffs? No. Because by definition a frivolous case lacks the merit for such a result to occur.
The system has checks and balances to deal with frivolous cases already, inculding Federal Rule 11 (and state court equivalents) which can grant fee shifting to the prevailing litigant in frivolous cases.
As I said, you are clearly unfamiliar with how the judiciary works, which is why your view is so uninformed.
And you keep saying I am uninformed. Does that make you feel superior? That seems to be important to you. Valid points against the OP have been cited in this thread to which even the OP agrees.
Sure, as soon as we hold every other manufacturing industry equally accountable for the acts of stupid, criminal, insane, drug induced, immoral and unethical persons actions. We can start with the automobile industry, then the cutlery and sports equipment manufacturers...
And every one of those frivolous cases which are filed take up court time and billable hours to get to the point where they get thrown out.
How much did it cost the defendants and how much court time was taken up in Connecticut until the suit filed by the Newtown parents against Remington was thrown out? And did Remington get its fees paid by the plaintiffs?
Talk about uninformed.
An excellent argument that could be made for literally every industry on Earth. Maybe we should absolve all corporations of any liability for any reason.
Quote:
Originally Posted by AK76
Sure, as soon as we hold every other manufacturing industry equally accountable for the acts of stupid, criminal, insane, drug induced, immoral and unethical persons actions. We can start with the automobile industry, then the cutlery and sports equipment manufacturers...
None of the industries that you have named has a special Federal statute shielding them from liability. So, in fact, every other person and manufacturing industry can be held accountable for the acts of stupid, criminal, insane, drug induced, immoral and unethical action to the extent permitted by law. The gun industry is the only one that can not be held accountable.
An excellent argument that could be made for literally every industry on Earth. Maybe we should absolve all corporations of any liability for any reason.
None of the industries that you have named has a special Federal statute shielding them from liability. So, in fact, every other manufacturing industry is held accountable for the acts of stupid, criminal, insane, drug induced, immoral and unethical persons actions to the extent permitted by law. The gun industry is the only one that is not.
When is that last time an automobile manufacturer was sued because a person got drunk and/or stoned, then chose to drive their vehicle and kill a family returning home from soccer practice in their minivan?
When was the last time someone sued a baseball bat manufacturer because some psychopath picked up baseball bat and murdered 3 kids they were baby sitting?
When was the last time a cutlery manufacturer was sued because a man knife his wife to death, or a woman severed a mans penis with shears in a fit of rage, or insanity?
When was the last time a cell phone manufacturer was sued because someone lacked the coordination to talk on the phone while driving and kill someone, or step out into traffic because they could not take their eyes off of the screen?
Or social media because their daughter was bullied and committed suicide?
One can go on and on with valid examples.
The gun industry is constantly and unjustly demonized for the irrational, insane and criminal behavior of individuals who commit or threaten violence, or for political gain.
How many of the 20,000+ gun laws currently enacted, prevented the sicko in FL from murdering 17 innocents recently?
An excellent argument that could be made for literally every industry on Earth. Maybe we should absolve all corporations of any liability for any reason.
None of the industries that you have named has a special Federal statute shielding them from liability. So, in fact, every other person and manufacturing industry can be held accountable for the acts of stupid, criminal, insane, drug induced, immoral and unethical action to the extent permitted by law. The gun industry is the only one that can not be held accountable.
The problem with your argument is that you're so blinded by your gun banning zeal you aren't able to step back and go from step 1 of your argument in the second paragraph to step 2. Which is, because of people like you, this particular industry needs protection from frivolous lawsuits filed by people like you.
You can bet your house that if there were a series of lawsuits filed against Ford/GM/FCA, etc. trying to hold those companies responsible for the misuse, say a drunk driving fatality, of one of their products which had been legally sold that legislation shielding them would be introduced and passed so fast it would make your head spin.
If guns are so bad why have they not been sued like the tobacco industry or subject to class action law suits?
Well, those type of actions were being used until Congress passed the Protection of Lawful Commerce in Arms Act in 2005. The law shields the gun industry from class action and other legal actions to hold them accountable. There are six exceptions to the law, but they are narrowly defined to product defects.
I believe if this law and other gun immunity laws were repealed the amount of gun violence and school shooting would drop and drop dramatically. Hit anyone in the pocketbook and there will be meaningful corrective action.
So, if I hit someone with my car ,not due to any malfunction of the car, the maker of the car should be sued.
If I ever get stopped by a cop for speeding, I will tell hm you said it was the car manufacturing company's fault because they made a car that can exceed the speed limit and it is their fault?
I'm SURE because YOU said it he will let me go without a ticket!
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