Class action suit filed against PSA, PWCC and Probstein

[nolemmings]

Originally Posted by Arazi4442

I'm by no means a lawyer but I'm always a little concerned about situations like this. It seems if the first bullet fired isn't well thought out, it can derail the entire effort.

Like if this lawsuit is done halfway or if there's some technical error and the case is summarily dismissed, it opens the door for PSA, PWCC, etc. to say "see, we weren't doing anything wrong - the case was dismissed" and it's business as usual for them, making the second attempt that much harder.

A "technical error" would not be a decision on the merits and almost certainly would not prevent the action from being re-filed and served, there or elsewhere and upon whomever is appropriate.

A complaint is just that, a series of allegations that can be developed, amended, discarded or supplemented as time passes. It is designed and required to put a defendant on notice of the types of conduct that Plaintiff believes comprise legally recognized claims, so that Defendant is not left guessing as to what it supposedly did wrong. It is not intended to spell out specifically each and every transgression, or comprise "proof" of each matter alleged.

[Arazi4442]

Thanks, Todd. Maybe "technicality" was a better word choice than "technical error". Either way, without getting into politics, it reminds me of a line from All the President's Men - If you shoot too high and miss, everyone feels more secure

Originally Posted by nolemmings

A "technical error" would not be a decision on the merits and almost certainly would not prevent the action from being re-filed and served, there or elsewhere and upon whomever is appropriate.

A complaint is just that, a series of allegations that can be developed, amended, discarded or supplemented as time passes. It is designed and required to put a defendant on notice of the types of conduct that Plaintiff believes comprise legally recognized claims, so that Defendant is not left guessing as to what it supposedly did wrong. It is not intended to spell out specifically each and every transgression, or comprise "proof" of each matter alleged.