J. van Baardwijk wrote: > Now, I do not see a problem for AOL users sueing AOL, even when the > Commonwealth of Virginia does not allow class-action law suits. The > only thing AOL users need to do is get themselves organised in > something like "AOL Users For Free Choice of E-Mail Clients" and then > let that organisation drag AOL to court. That way, there will be only > one entity (AUFFCoEMC) sueing AOL instead of a number of individuals, > thus bypassing the "no class-action law suits" rule.
Not so simple - the entity AUFFCoEMC has not been wronged by AOL, or suffered any loss. It's members, owners, trustees, whatever may have been, but that entity has not suffered. The only remedy AUFFCoEMC can sue for is a refund of the subscription cost. The so called "Corporate Veil" which distinguishes a company from its shareholders (or trust from it trustees, etc etc) is a cornerstone of the US (and other western) legal system, so the AUFFCoEMC cannot sue AOL on behalf of its members. Cheers Russell C.
