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highplainsdem

(49,001 posts)
Sat Jun 13, 2020, 01:19 PM Jun 2020

Trump campaign's waiver won't block coronavirus lawsuits: experts

https://www.reuters.com/article/us-usa-trump-waiver/trump-campaigns-waiver-wont-block-coronavirus-lawsuits-experts-idUSKBN23J2Z5


-snip-

A waiver on the Trump campaign’s website absolving it from coronavirus-related lawsuits stemming from the June 19 event is “poorly lawyered” and would not be enforceable because it is not specific enough, said David Noll, a law professor at Rutgers University.

“There are a lot of boxes you have to check in order to have an enforceable liability waiver, and the language they have added to their website is not enough,” Noll said.

-snip-

The problem for the Trump campaign is that waivers must be specific about the claim that is being relinquished, said Adam Zimmerman, a law professor at Loyola Law School in Los Angeles.

For a waiver to block a negligence claim, “the word ‘negligence’ has to appear” in it, Zimmerman said.

The Trump campaign “seems to have opted for the worst of both worlds: It wrote a waiver that’s less than waterproof but still offensive enough to attract bad press,” Daniel Hemel, a law professor at the University of Chicago, posted on Twitter.

-snip-



Both incompetent and offensive. Just what we'd expect from Trump and those around him.
15 replies = new reply since forum marked as read
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Trump campaign's waiver won't block coronavirus lawsuits: experts (Original Post) highplainsdem Jun 2020 OP
DAMMIT! SHHHHH! Why are they telling this, now trump will change it! BamaRefugee Jun 2020 #1
Jared's a lawyer. He probably drafted that provision. no_hypocrisy Jun 2020 #2
you're half right. barbtries Jun 2020 #4
He graduated from New York Law School. Am I wrong that he didn't pass any state's bar exam? no_hypocrisy Jun 2020 #8
i googled it barbtries Jun 2020 #9
Thank goodness he is a complete and utter Phoenix61 Jun 2020 #3
"Both incompetent and offensive." Says it all. n/t IllinoisBirdWatcher Jun 2020 #5
No one can sue for Covid and actually win. former9thward Jun 2020 #6
A Class Action Suit Is Very Messy ProfessorGAC Jun 2020 #14
Has anyone run into another one of these? underpants Jun 2020 #7
I am no lawyer. But I thought from day1 this was bullshit. gibraltar72 Jun 2020 #10
a lawyer friend on Facebook told me this yesterday CatWoman Jun 2020 #11
Shit maybe I am a lawyer. You must use due care to protect people. gibraltar72 Jun 2020 #12
K&R Yo_Mama_Been_Loggin Jun 2020 #13
Exactly... Cha Jun 2020 #15

barbtries

(28,798 posts)
9. i googled it
Sat Jun 13, 2020, 03:24 PM
Jun 2020

and it described him as a real estate developer. no mention of being a lawyer. possible he never took the bar or practiced in law.

Phoenix61

(17,006 posts)
3. Thank goodness he is a complete and utter
Sat Jun 13, 2020, 01:34 PM
Jun 2020

moron. It has definitely limited the damage he has inflicted on us.

former9thward

(32,023 posts)
6. No one can sue for Covid and actually win.
Sat Jun 13, 2020, 02:15 PM
Jun 2020

There is no way anyone can prove they got Covid at any specific location and not another. The plaintiff has to prove that, the defendant does not have to prove they didn't cause it. Did someone ask the "experts" about that basic fact of law? Yes, the waivers don't mean much just like the "We are not responsible for damage" signs don't really mean anything. But so what? If you can't win then it is a moot point.

ProfessorGAC

(65,076 posts)
14. A Class Action Suit Is Very Messy
Sun Jun 14, 2020, 03:30 PM
Jun 2020

Defending it is quite costly.
If the caseload ends up high, there are a hundred thousand lawyers that might the case on contingency. Or pro bono from liberal lawyers!
Yeah, they won't win, but it's a way to divert resources & energy, and the suit ends up as news.

underpants

(182,828 posts)
7. Has anyone run into another one of these?
Sat Jun 13, 2020, 02:29 PM
Jun 2020

I was told in a very condescending way on Facebook that these were the norm for events “if you’ve been out”

gibraltar72

(7,506 posts)
10. I am no lawyer. But I thought from day1 this was bullshit.
Sat Jun 13, 2020, 03:55 PM
Jun 2020

My experience with waivers at race tracks tells me parties are not absolved. Yeah accidents happen. But if you don't use reasonable measures to keep people safe you are liable. You don't sign away your right to sue for negligence.

gibraltar72

(7,506 posts)
12. Shit maybe I am a lawyer. You must use due care to protect people.
Sat Jun 13, 2020, 05:14 PM
Jun 2020

I think it is negligent under the circumstances in Tulsa on the very face of it.

Cha

(297,303 posts)
15. Exactly...
Sun Jun 14, 2020, 04:01 PM
Jun 2020
The Trump campaign “seems to have opted for the worst of both worlds: It wrote a waiver that’s less than waterproof but still offensive enough to attract bad press,” Daniel Hemel, a law professor at the University of Chicago, posted on Twitter.

The fact that they had to have these halfassed waivers says it all.
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