alt Hacker NewsThe measures related to lawsuits are misleading and terrible, because of the way class-action lawsuits have incentivized lawyers to pursue dubious cases against large companies.
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Ahem this is about the companies suing the government to stop what the author thinks are regulations that would "save lives".
This report is about something completely different
> incentivized lawyers to pursue dubious cases
I don't see it:
Class-action suits require the law firm owners (partners) to pay teams of attorneys, as well as experts, and others for years. I saw one firm rent an office and hire dozens of attorneys just to review the tens of millions of pages of documents, looking for evidence. The firm earns nothing unless and until a positive resolution. Some firms require financing to cover the cost.
Who is going to put all that on the line - not to mention their career and reputation - for a dubious case?
When the resolution comes - usually a settlement - they might not profit or not much for their years of investment and effort. If they pursue a 'dubious' case, they could lose everything - courts can even sanction them.
Targets of class action suits don't like them, of course, and try to denigrate the attorneys. What else will deter and get justice for some of the brazen fraud? The SEC? FTC? They don't have the resources or, depending on the administration, the mandate to enforce things across the entire country. Will you sue a corporation for even $10K? Try it.
I'm not in love with the system, but it does seem like a last resort for imposing discipline on corporations. The dilemma is whether the tort system is preferable to an approach involving more regulation and enforcement.