TheOneWhoKnows Posted January 8 Share Posted January 8 Update appears the lawyers for the defendants are demanding a jury trial. Dragging out the process… Quote Link to comment Share on other sites More sharing options...
IllianaLancerContra Posted January 8 Share Posted January 8 43 minutes ago, TheOneWhoKnows said: Update appears the lawyers for the defendants are demanding a jury trial. Dragging out the process… Even if plaintiff doesn’t prevail, the legal costs to Cadets & DCI will be considerable. As has been said - the process is the punishment. 3 1 Quote Link to comment Share on other sites More sharing options...
JimF-LowBari Posted January 8 Share Posted January 8 2 hours ago, TheOneWhoKnows said: Update appears the lawyers for the defendants are demanding a jury trial. Dragging out the process… Or feel can get a better judgment with jury of peers instead of the judge. Wonder what is the history of judges rulings in cases like this in the district. Quote Link to comment Share on other sites More sharing options...
keystone3ply Posted January 8 Share Posted January 8 (edited) 1 hour ago, IllianaLancerContra said: Even if plaintiff doesn’t prevail, the legal costs to Cadets & DCI will be considerable. As has been said - the process is the punishment. If the plaintiff were to lose the lawsuit, can the defendants not ask or require that they are paid for their legal fees? Or would they have file a countersuit for those fees? 🤔 Edited January 8 by keystone3ply cx 1 Quote Link to comment Share on other sites More sharing options...
JimF-LowBari Posted January 8 Share Posted January 8 (edited) 1 hour ago, IllianaLancerContra said: Even if plaintiff doesn’t prevail, the legal costs to Cadets & DCI will be considerable. As has been said - the process is the punishment. Yep repeating story of person I knew who pled guilty to take a suspended sentence. Was in a group and had to go to court every time one of the group appealed something. No idea if he did anything wrong but had a family and going broke on costs Edited January 8 by JimF-LowBari Quote Link to comment Share on other sites More sharing options...
2muchcoffeeman Posted January 8 Share Posted January 8 (edited) 1 hour ago, keystone3ply said: If the plaintiff were to lose the lawsuit, can the defendants not ask or require that they are paid for their legal fees? Or would they have file a countersuit for those fees? 🤔 This will vary by state. It also will vary by subject. For example, in Colorado the Open Records statute requires the government agency to pay the legal fees of a Coloradan who must bear the expense of a lawsuit -- and then wins -- to force the government agency to comply with a law the agency should have simply followed in the first place. Similar "loser pays" provisions are scattered across the 50 state statute books, but the situations in which it applies it will depend on what each state has decided is worthy of that kind of incentive. AMEND to add that in civil suits, as this one is, it's common for the parties to ask the court to order the other side to reimburse them for their legal costs because the other side's claim/defense is so obviously wrong. That puts it in the judge's lap, and I assume each state has its own body of judicial procedures to guide the judge in reaching a decision. Edited January 8 by 2muchcoffeeman 1 3 Quote Link to comment Share on other sites More sharing options...
Tim K Posted January 9 Share Posted January 9 On 1/8/2024 at 9:56 AM, keystone3ply said: If the plaintiff were to lose the lawsuit, can the defendants not ask or require that they are paid for their legal fees? Or would they have file a countersuit for those fees? 🤔 My guess is they would have to counter file. Filing a counter suit or threatening to do so can have impact. I can recall about twenty years ago there was a chain of supermarkets that had a huge number of lawsuits from people who fell on the property. Usually insurance companies pay these sorts of cases because it is less expensive than going to court. The premiums for the supermarket chain must have increased and the company threatened a counter suit if they were not found liable. The number of lawsuits decreased by about 50%. In more serious cases, I would think that if a case goes in favor of the accused, it’s probably best to drop it. Yes there are cases where people bring false charges, but there are also cases where one side had better legal representation, there was a technicality involved, etc. you usually don’t win in the court of public opinion of you countersue and where there are other potential cases out there, a counter suit could make matters worse. 1 Quote Link to comment Share on other sites More sharing options...
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