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Discussion in 'iOS Blog Discussion' started by IJ Reilly, Oct 1, 2007.
How come only a million?
Maybe she bought 5000 phones?
Amazing it is indeed. Maybe I should join the suit. what can i get for my suffering? a buck? but a million? why dont she go after Jobs Job
i suppose this is what happens when contingency fee agreements are permitted.
You know, just based on the article, "12(b)(6)" comes to mind.......
What, they should be prohibited? And why, just so people can't file dopey lawsuits from which they are unlikely to collect a penny?
I don't see Apple giving this woman any go-away money, and I see the first judge who reviews it tossing it out immediately. In the meantime, we can treat it as comedy.
Nice. I had to look that up.
Ah, the perils of being in the profession......
yes, they should be prohibited. conditional (not contingency) fee agreements are fine with a limited sucess/risk uplift.
however, i also don't see apple giving her hush money either and will join you as treating as comedy
Even though I know you were being a bit cheeky...
Contingency agreements are usually not done anywhere except in personal injury cases. Rarely will attorneys agree to work on contingency EVEN if it looks like an open and shut million-dollar case (which this one most definitely is not). Most likely, she'll have to shell out $250 to $500 an hour. If it goes to court, the attorneys fees plus office expenses (yes, billed on top of the hourly) could skyrocket into the hundreds of thousands of dollars.
The reason for that is quite simple... the attorneys do not have all facts of the case, all sides of the story. Facts could come to light that would result in the attorneys collecting nothing, and the attorneys might not know this until half-way through the case.
Therefore, even personal injury attorneys working what seems like a slam-dunk case are very careful to do next to nothing and make you gather most of the facts/documents... which is why the relationship works out because by the time you've engaged a personal injury attorney, liability has most likely already been established by the insurance company/companies involved and it then is just a question of whether or not they want to go to court over the collection of medical costs and punitive damages.
That being said, even in contingency agreements, attorneys typically cover themselves by having office costs itemized and generally collected on TOP of whatever their percentage is.
So, my advice to Ms. Li is... I hope the attorney is a close, personal friend. Otherwise, good luck with that.
over here (UK) where i practice law most personal injury cases are funded by a conditional fee agreement.
And that's no Li.
Here they are contingency fee... If you collect, they take anywhere from 28 to 40 percent if settled out of court, 45 to 50 percent at minimum if it goes to court. However, my point was, this is not a personal injury case so as a rule an attorney would have to be on retainer. There's a 99 percent chance that no attorney would take this on contingency.
Also, attorneys on retainer have minimums... i.e. they bill you at time of retainer for a minimum set of hours that usually ends up being $5000 or more up front.
oh! she truly is a nutcase if she's funding it herself!
But even when the first judge to see it "tosses" it, it will cost Apple several thousand dollars to prepare an initial response call for dismissal with prejudice (so it can't be filed again).
The problem with frivolous lawsuits is the initial cost of defense because the defendant cannot get a "contingency" defense; unless the suit is really egregious, the plaintiff won't have to pay defendant's costs and sanctions, if they occur (almost never) amount to a thousand bucks.
If judges tossed silly suits earlier, and if there were a mechanism to sanction suits which were ruled groundless in the early stages, then contingency cases based on good evidence are fine: they provide a way for the little guy to fight back. But judges were lawyers once, and they lived by the system which insures that the lawyers always get paid no matter what, and which insures lots of suits will be filed. They won't rock that boat.
Read this: Fed. R. Civ. P. 54(d).
Available everywhere, but for your convenience: http://www.law.cornell.edu/rules/frcp/Rule54.htm
For those of us not legally inclined:
III. PLEADINGS AND MOTIONS > Rule 12.
i can't believe i'm reading another country's civil procedure rules!
Yeah, now THAT is scary........
And just think: those are just the federal rules--each state has their own set also. Of both civil AND criminal. (Fortunately, many of the state ones use the federal rules as a model).
Woman sues over iPhone price cut
Wow, just wow.
I can't believe I live in this country...
What a joke! I cant believe all these frivolous lawsuits
Hmm... let's see. I bought something at a fair price, knowing full well what I was getting. Then the price dropped by $200 and I'm so upset that I deserve $1,000,000 ?
Good luck spending that $1,000,000 store credit.
This might be a total joke, but its getting time now on the bottom-screen "scroll" on MSNBC right now. Hmm... MS and NBC, both friends of Apple
Woman Sues Apple Over IPhone Price Cut
Category: News and Press Releases
Link: Woman Sues Apple Over IPhone Price Cut
Posted on MacBytes.com
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