Gary McGath <ga...@REMOVEmcgathREMOVE.com> wrote:
>On 7/30/22 11:08 PM, Keith F. Lynch wrote:
>> Gary McGath <ga...@REMOVEmcgathREMOVE.com> wrote:
>>> Arisia once had a problem with a regularly returning member with
>>> a habit of soliciting small children. They had to go to court to
>>> uphold their ban, but it was entirely reasonable.
>>
>> Why did they have to go to court? Don't they have the right to ban
>> anyone they want for any reason, or even for no reason at all?
In the US system you can pretty much always sue for anything and
everything unless you've been declared a "vexatious litigant", and
this takes LONG and SUSTAINED effort (as in often 100s of lawsuits
over decades).
>> As far as I know Walter Breen didn't attempt to sue Pacificon.
>
>The person in question sued Arisia. That requires at least filing a
>motion to dismiss, which should have been the end of it, but I'm told it
>went on long enough to cost Arisia significant bucks. I don't know why.
Yes, obviously silly lawsuits will get thrown out eventually, but the
keyword is eventually, it can often cost a LOT of money the reach that
point.
US Judges are often very reluctant to dismiss until at least discovery
is done, and the US systems is set setup to to NOT allow recovery of
cost spent on defending a lawsuit, however frivolous, with a few
narrow exception - basÃcally copyright because, well, the Movie
industry has bribed the US congress to make sure they can't loose!
It's gotten so bad that in the last few years a number of states have
instituted so-called anti-SLAPP (strategic lawsuit against public
participation) laws which allows an early exit (IE before costly
discovery) *and* recover of cost in certain limited cases to try to
rein this in a bit but I suspect this was too early for that (assuming
Mass. has SLAPP rules and these would apply to this, which isn't a
given).
US patent lawsuits are often similar, it's not uncommon to see
*obviously* invalid patents that doesn't in any way, shape or form
apply to what the sued entity is actually doing (even if they had been
valid!) being leveraged to extract $50-100k settlements, simply
because "defending to dismissal" will cost a minimum of $1-3M and
you'll have about 5-10% chance of getting the court to allow cost
recovery when you win (*not* if!), and that's assuming the patent
troll has anything to recover from which is unlikely.
AFAIK US car manufacturer deliberately take this cost of going to
court rather than settle OCCASIONALLY to make sure anyone who sues
them knows it MAY end up costing them actual money without an easy
pay-out - this is to keep the number of obviously silly suits down to
a manageable level!
Most of the rest of the world defaults to an "loser pays both sides
reasonable cost" system (like US copyright cases!) which definitely
cuts down on the nuisance suits more more effectivelu than even
anti-SLAPP laws. However, it can also suppress "good" lawsuits as US
proponents argue so....
It's one of those cases where both sets of rules have bad
side-effects...