So, I have no love for Starbucks, but when the state files frivolous lawsuits (of which this is an especially egregious one) against companies, can the companies then sue for court costs, attorney's fees and maybe even pain and suffering do to intentional infliction of emotional distress....or something?
Short answer yes with an if, long answer no with a but.
Seriously, though: by and large the American model is "both sides pay" as opposed to "loser pays," even when litigation is borderline frivolous. And the bar for sanctionable is VERY high. -A
Yes indeed, we see so many frivolous lawsuits from the right. Yet there is no accountability for wasting the courts' time. Without accountability, each lawsuit, even when thrown out, is a success. They give the lawyer visibility in the rightwing grift circuit, they force the plaintiffs to waste money and time, the gin up rage in the base. So enraging!!
Starbucks could move for attorney’s fees as a sanction for filing a frivolous complaint. (Fed. Rule Civ. Pro. 11, if anyone cares.) It’s up to Starbucks though; God does not, on His own initiative, smite those who bring frivolous actions (although a pissed off district judge might).
Yeah, I figured attorney's fees could probably be had for not much effort. But it feels like when the _state_ brings such an obviously defective lawsuit against anyone (individual or company), there should be a real penalty beyond just attorney's fees to disincentivize this kind of tactic. I know (ultimately) taxpayers bear that burden, but maybe that's the best way to get taxpayers to pay attention and Make Better Choices™ when selecting their next AG.
A cup of Starbucks coffee currently costs more than a monthly subscription to a substacker so I know who gives a better bang for my buck ('-'). I have a minimalist coffee pod machine at home and it makes a delicious expresso, my fave, also I get 10 cups for the price of one of theirs and I don't have to wait. It's ready in 30 seconds! What's the problem America, I thought you were broke so why are you throwing away your well earned cash. They charge an arm and a leg and don't pay their employees all that well either. Corporate America is a disease that eats you out of house and home.
As a Missouri resident, I've been following this. Good on the judge for using common sense.
So, I have no love for Starbucks, but when the state files frivolous lawsuits (of which this is an especially egregious one) against companies, can the companies then sue for court costs, attorney's fees and maybe even pain and suffering do to intentional infliction of emotional distress....or something?
Short answer yes with an if, long answer no with a but.
Seriously, though: by and large the American model is "both sides pay" as opposed to "loser pays," even when litigation is borderline frivolous. And the bar for sanctionable is VERY high. -A
It just seems like there should be harsh punishment for state actors leveraging the power of the State in this manner. But I take your point.
Yes indeed, we see so many frivolous lawsuits from the right. Yet there is no accountability for wasting the courts' time. Without accountability, each lawsuit, even when thrown out, is a success. They give the lawyer visibility in the rightwing grift circuit, they force the plaintiffs to waste money and time, the gin up rage in the base. So enraging!!
Starbucks could move for attorney’s fees as a sanction for filing a frivolous complaint. (Fed. Rule Civ. Pro. 11, if anyone cares.) It’s up to Starbucks though; God does not, on His own initiative, smite those who bring frivolous actions (although a pissed off district judge might).
Yeah, I figured attorney's fees could probably be had for not much effort. But it feels like when the _state_ brings such an obviously defective lawsuit against anyone (individual or company), there should be a real penalty beyond just attorney's fees to disincentivize this kind of tactic. I know (ultimately) taxpayers bear that burden, but maybe that's the best way to get taxpayers to pay attention and Make Better Choices™ when selecting their next AG.
sounds like making a better choice starts with a low bar
Your coffee puns are Choice. Tasters’ Choice even.
A cup of Starbucks coffee currently costs more than a monthly subscription to a substacker so I know who gives a better bang for my buck ('-'). I have a minimalist coffee pod machine at home and it makes a delicious expresso, my fave, also I get 10 cups for the price of one of theirs and I don't have to wait. It's ready in 30 seconds! What's the problem America, I thought you were broke so why are you throwing away your well earned cash. They charge an arm and a leg and don't pay their employees all that well either. Corporate America is a disease that eats you out of house and home.