pwcc (part two)

[HRBAKER]

Originally Posted by thehoodedcoder

you clearly do not. i explained it perfectly. the fact that you think my explanation is lacking even in the slightest means you do not not.

companies, particulary ebay and paypal over the last 12 months if you have paid enough attention, have done everything they can to mitigate the class action suit against them by getting people to enter into agreement for binding arbitration.

let me guess, you didn't write the letter into them and gave up your rights to be a part of a class action, correct?

if we are assigning roles, jeff would be at the podium and peter would be sitting in a folding chair in the audiance, amongst a sea of empty chairs, right?

kevin

I'll make the Burger King run!

[Peter_Spaeth]

Damn, I guess in the twenty years I have been litigating class actions I haven't learned a thing, because Kevin here knows much more than I do. Oh well. Time to check my malpractice insurance.

[thehoodedcoder]

Originally Posted by Peter_Spaeth

Damn, I guess in the twenty years I have been litigating class actions I haven't learned a thing, because Kevin here knows much more than I do. Oh well. Time to check my malpractice insurance.

answer just one thing:
are you telling me that if a company has a large number of civil cases for a particular series of events they would not push to have those cases settled as a class action instead of fighting them individually?

if you are a lawyer, listening to you blabber on this thread is even worse than it was before. someone with the facilities to do something, talking time by.

kevin

[Peter_Spaeth]

Originally Posted by thehoodedcoder

answer just one thing:
are you telling me that if a company has a large number of civil cases for a particular series of events they would not push to have those cases settled as a class action instead of fighting them individually?

if you are a lawyer, listening to you blabber on this thread is even worse than it was before. someone with the facilities to do something, talking time by.

kevin

A class action typically is the last thing a defendant wants because the exposure potentially is so high once a class gets certified. Defendants typically spend a tremendous amount of effort to oppose class certification, on the theory that most plaintiffs will not pursue their claims individually and it will be much cheaper to settle or defend those suits that do get filed. There are circumstances where a defendant might want to consolidate separate cases depending on whether that procedural vehicle is available, but that is different from a class action.

[HRBAKER]

Originally Posted by Peter_Spaeth

A class action typically is the last thing a defendant wants because the exposure potentially is so high once a class gets certified. Defendants typically spend a tremendous amount of effort to oppose class certification, on the theory that most plaintiffs will not pursue their claims individually and it will be much cheaper to settle or defend those suits that do get filed. There are circumstances where a defendant might want to consolidate separate cases depending on whether that procedural vehicle is available, but that is different from a class action.

Peter,

You sound just like a real lawyer.

[calvindog]

Originally Posted by Peter_Spaeth

A class action typically is the last thing a defendant wants because the exposure potentially is so high once a class gets certified. Defendants typically spend a tremendous amount of effort to oppose class certification, on the theory that most plaintiffs will not pursue their claims individually and it will be much cheaper to settle or defend those suits that do get filed. There are circumstances where a defendant might want to consolidate separate cases depending on whether that procedural vehicle is available, but that is different from a class action.

blahzy blah blah blah. blabber.

[thehoodedcoder]

Originally Posted by Peter_Spaeth

A class action typically is the last thing a defendant wants because the exposure potentially is so high once a class gets certified. Defendants typically spend a tremendous amount of effort to oppose class certification, on the theory that most plaintiffs will not pursue their claims individually and it will be much cheaper to settle or defend those suits that do get filed. There are circumstances where a defendant might want to consolidate separate cases depending on whether that procedural vehicle is available, but that is different from a class action.

if the risk is known, then it can be smarter to consolidate. it is not unheard of. hence my comment. someone with attention to suits being filed against a particular defendant can also easily bring class action on behalf of the class. whether the defendant pushes for it, or an entity involved in a civil case brings it to a class action......with enough people filing civil suit the chances of it becoming a class action from civil suit goes up.

enter binding arbitration into the conversation where you agree not to file suit in court of law against the defendant. now you have no chance of having what most consider a fair hearing, nor the ability to join a class action suit.

nothing i said is inaccurate. thank you for confirming this.

kevin

[Peter_Spaeth]

Kevin, there is a whole plaintiffs' bar out there that wants to bring any claim it possibly can on behalf of a class, because that's where the money is. But your terminology about cases being "compiled" into class actions is not accurate. All it takes is one plaintiff to bring a class action.

[thehoodedcoder]

Originally Posted by Peter_Spaeth

Kevin, there is a whole plaintiffs' bar out there that wants to bring any claim it possibly can on behalf of a class, because that's where the money is. But your terminology about cases being "compiled" into class actions is not accurate. All it takes is one plaintiff to bring a class action.

you singled out one word in everything i said? i agree. i said that a person can file on behalf of the class.

"someone with attention to suits being filed against a particular defendant can also easily bring class action on behalf of the class"

it is actually ok to admit i was not wrong.

kevin