> It would seem to me that the courts could review the cases being > brought and dismiss out of hand those with no legal basis, rather > than hauling the person being sued into court to defend themselves > against a malicious attack.
There was a move afoot, several years back, about having court appointed "experts" (in product litigation cases) who would look @ the merits of such cases to determine if they should go forward or not. Needless to say it never went anywhere. I've been involved in many product litigation trials & I can say from experience that the scientific facts of those cases were but a small part of the issues @ trial. Sympathy of plaintiff, injuries, jury make up, trial setting & the stories told by the parties played a major role in the outcome of the trial. Kenneth Waller ----- Original Message ----- From: "Jim King" <[EMAIL PROTECTED]> To: <[email protected]> Sent: Monday, March 26, 2007 12:46 PM Subject: Re: PDML Digest, Vol 11, Issue 349 > On Mon, 26 Mar 2007 12:09:59 EDT [EMAIL PROTECTED] wrote: > >> And how would they filter out cases without merit? They'd have to >> hear both >> sides. In other words, that is what bringing things into court does. > > It would seem to me that the courts could review the cases being > brought and dismiss out of hand those with no legal basis, rather > than hauling the person being sued into court to defend themselves > against a malicious attack. But I don't know all the facts or the > law in this matter; it may be that a hearing with both sides present > is required to sort this matter out. > > In any event, if the plaintiff does not have a valid case (s)he > should pay the legal costs of the defendant without having to resort > to more legal action to force recovery. If I understand correctly > that's the way it works in many countries. However, US lawyers have > constructed the legal system differently here. I guess you win some > and I win some, but the lawyers always win... > > (My father was a lawyer and my daughter is a lawyer; I've had this > discussion with them also.) > > Regards, Jim -- PDML Pentax-Discuss Mail List [email protected] http://pdml.net/mailman/listinfo/pdml_pdml.net
