People keep confusing “can sue” with “be successful in court”.
You can sue anyone for anything at any time. I can sue you because I don’t like your default avatar. But that doesn’t mean that I would have any chance in a courtroom.
And this is exactly how it should be. The decision whether a lawsuit has merit or not should be taken in court, not somewhere before court. Because that would mean that some police man or someone else with only cursory knowledge of the law would have to decide whether a lawsuit has merit and that would be catastrophic.
No, anyone should be able to sue for anything. And garbage lawsuits should be thrown out of court by a judge and/or jury.
That’s costs money. Ever hear of slapp suits. There needs to be rules around everything because people are shitty sons of witches and always trying to weasle a way around everything.
SLAPP suits are where a bad implementation of that system struggles. The US is a mess in many places and this is one. That doesn’t mean that the concept of rule of law is an issue, but that rule of law is implemented badly in the US.
In other places, e.g. most parts of Europe, if you lose a lawsuit you have to pay for the legal council of the winner. That makes SLAPP suites much less attractive and much less dangerous, and thus they are pretty rare.
Once again, a case of “please read your source before posting.”
If you look into the linked PDF, you will see that (a) the yearly number of SLAPP suits is really small, and it’s also an issue that’s very localized to some countries. Most countries see only very few (single digits) or no SLAPP suits per year.
Not nearly the numbers you’d see in the USA or many other parts of the world.
I think that’s the point. It doesn’t stop the occasional chancer from trying, but no this side of the pond at least you’ll get short shrift if you do.
The whole thing is about limiting liability to the company. (In the pregnancy case I think there’s an increased risk of thrombosis at late-stage.) Their policy says no paperwork is required, you say that applies to you; if something goes wrong after you lie then the onus is on you.
You can’t sue someone because you made a dumb choice and lied.
Technically you can try, but any judge would laugh you right out of the courtroom for attempting to waste their time.
This.
People keep confusing “can sue” with “be successful in court”.
You can sue anyone for anything at any time. I can sue you because I don’t like your default avatar. But that doesn’t mean that I would have any chance in a courtroom.
And this is exactly how it should be. The decision whether a lawsuit has merit or not should be taken in court, not somewhere before court. Because that would mean that some police man or someone else with only cursory knowledge of the law would have to decide whether a lawsuit has merit and that would be catastrophic.
No, anyone should be able to sue for anything. And garbage lawsuits should be thrown out of court by a judge and/or jury.
That’s costs money. Ever hear of slapp suits. There needs to be rules around everything because people are shitty sons of witches and always trying to weasle a way around everything.
SLAPP suits are where a bad implementation of that system struggles. The US is a mess in many places and this is one. That doesn’t mean that the concept of rule of law is an issue, but that rule of law is implemented badly in the US.
In other places, e.g. most parts of Europe, if you lose a lawsuit you have to pay for the legal council of the winner. That makes SLAPP suites much less attractive and much less dangerous, and thus they are pretty rare.
Hmm maybe not so much huh
https://www.freepressunlimited.org/en/current/new-report-confirms-increase-slapp-cases-europe-serious-threat-press-freedom
https://www.liberties.eu/en/stories/mfr25-slapp/45394
Once again, a case of “please read your source before posting.”
If you look into the linked PDF, you will see that (a) the yearly number of SLAPP suits is really small, and it’s also an issue that’s very localized to some countries. Most countries see only very few (single digits) or no SLAPP suits per year.
Not nearly the numbers you’d see in the USA or many other parts of the world.
Yes you can try but the company would never even hear about it because it wouldn’t get any further than trying to file the case.
Yes that’s what I said.
I think that’s the point. It doesn’t stop the occasional chancer from trying, but no this side of the pond at least you’ll get short shrift if you do.
The whole thing is about limiting liability to the company. (In the pregnancy case I think there’s an increased risk of thrombosis at late-stage.) Their policy says no paperwork is required, you say that applies to you; if something goes wrong after you lie then the onus is on you.