That is a choice too and part of the cost of doing business. If you believe a suit is without merit you have the right to defend yourself. If the economics of litigation persuade you that it is cheaper to settle than to fight the battle in court that is a choice, not the unreasonable exertion of force. Now, the coercion part of the extortion definition requires the unreasonable exertion of force, or a threat. It’s that misunderstand that leads people to conclude that there is no claim, even when maybe there is. Misunderstandings and misinformation about what the facts are and how the law applies are at the heart of all lawsuits. ![]() who they want to believe) and apply the law to the facts. ![]() They will be allowed to have a jury decide questions of fact (i.e. What that means for you is that as long as there’s a snowball’s chance in you know where, a plaintiff will be entitled to the due process necessary to protect their rights. Few cases meet that test because there is usually a question of fact and some theory of law on which they can hang their hat. A case is frivolous if you assume everything they claim is true and there is still no chance the plaintiff can win. The law imposes a high standard before a claim or a case is deemed frivolous and thrown out. The only way a suit is “unlawful” is if it’s “frivolous.” Now what’s frivolous to you may not necessarily be frivolous to the court, and certainly not to the plaintiff who has filed suit. While we may not like lawsuits, it’s not necessarily unlawful to file a suit. ![]() So we have two key drivers of this definition: unlawfulness and coercion. Legally, extortion happens when someone unlawfully gets something (money, goods, or services) through coercion. But to determine whether it rises to the level of extortion requires a closer look at what extortion really is. Indeed, getting sued here is feared worldwide. Lawsuits certainly have a way of getting everyone’s attention, especially in the United States. “They just want us to settle.” With each statement his face got redder and the vein in the middle of his forehead bulged more and more. “This is extortion!” the manager snapped when he read the lawsuit the landed on his desk.
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |