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Did the corporatist court bite off more than it could chew?

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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-21-11 06:08 AM
Original message
Did the corporatist court bite off more than it could chew?
With the Supreme Court essentially nixing class action lawsuits such as the case with Walmart, can it possibly backfire on those the court now serves, the corporations and also on the court system itself? Class action lawsuits are a way the court system deals with many filing suit against the same defendant thus stream lining the process and dealing with the issue in one suit. So now, will lawyers bring a million lawsuits against a corporation for what plaintiffs believe is a pattern of misconduct by all people affected by that conduct? How will lower court deal with being inundated with massive amounts of lawsuits against the same defendant?
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ejpoeta Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-21-11 06:32 AM
Response to Original message
1. i hope we friggin find out. what's the saying... be careful what you wish for.
they figure people will not want to do it because it will be harder individually than as a group. But I guess that means it will be more costly for the corporations too with all those lawyers fees. I hope it backfires.
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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-21-11 07:03 AM
Response to Reply #1
2. I am hoping many individuals can file their lawsuits with the same firm
for a discount of sorts due to use of the same material evidence and charge.
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enough Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-21-11 07:08 AM
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3. This corporatist judicial system will laugh at the backlog and the utter gridlock it will create.
They will not mind this at all. It serves their purpose, essentially shutting off meaningful access to legal redress.
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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-21-11 09:03 AM
Response to Reply #3
4. But the lower courts will mind it very much.
Only when the problem manifests itself will there be recognition of the Supreme Court's folly.
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nichomachus Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-21-11 10:53 AM
Response to Original message
5. No, this won't happen at all
Say that you feel you've been aggrieved by a giant corporation. You go to a lawyer and say you want to file a suit. He says, fine, give me $10,000 to start and I'll bill you at $350 an hour, when that's gone. If you've got the money to do that, you may file a suit. Most people who work for WalMart or the 7-11 don't have that kind of money. The lawyer won't take it on contingency, unless he thinks it's a slam-dunk and the payoff will be high enough to make it worthwhile.

Even if he/she does decide to do it on a pro-bono basis, the giant corporations can drag the suit out and force him to spend an incredible amount of money, eventually leading to his dropping the suit. The tobacco industry has been doing this for years.

The goal of the corporatists for years has been to do away with class action suits. The Roberts Corporate Court just handed them a giant gift on a silver platter.
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-21-11 11:04 AM
Response to Original message
6. Unfortunately I think its unlikely,
as many potential plaintiffs won't be able to afford the time or money to prosecute such cases; that was the reason for class-actions to begin with.
The Court nixed HUGE wal-mart type class actions, but smaller, more self-contained ones will continue, imo.
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kenny blankenship Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-21-11 11:27 AM
Response to Original message
7. They're probably hoping lower courts will dismiss more cases, raise the bar that must be cleared
to get a complaint heard.

What the SCOTUS did makes the court system (even) more difficult to access for individuals without lots of money than it was before. The knock-on effect down the ladder of the court system will likely retain that same character. It will just get more and more difficult to bring suit against corporations, unless you are another corporation.
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