Kinda. They threatened to drag out the appeal process for a decade, but more-or-less the same thing here. Ye.
Depends.
Are you saying no case should go longer than a decade? In a perfect world, sure, but certain cases I think have a large amount of complexity that could justify long time periods.
I do agree that it shouldn’t be able to be dragged on appeal. I don’t know where he got that number from btw. I tried googling details about why she settled and I couldn’t find anything saying 10 years. I looked up the article he cited in the video (here’s a link). It doesn’t mention anything about dragging it out for 10 years and it shares this:
The nature of the private settlement and lack of public court documents resulted in the use of primarily newspaper sources.
The primary newspaper sources are shared at the bottom. I tried googling them and couldn’t easily find them. I wonder if he did? If so, I think he should’ve showed that in his video.
anyways afaik cases can go long for a long time, but after the appeals process begins they can only go so long. if there’s some truth to the 10 years things it would be based on the speed of the appeal courts at the time. It would probably take X amount of time to review a decision, if McDonalds didn’t like that decision it would appeal again. Generally you can appeal your decision to a state appeals court, a state supreme court, and then the U.S. supreme court (but they have the option to choose it). So maybe McDonalds knew that going through every appeal would take 10 years?
One method I’m aware of from the book Exposure to drag a case as its being decided is to appeal every little detail. The judge says do X, a party appeals that decision. The party knows they will get knocked down on appeal, but who cares? You got more time.
No. Damages have to happen for liabilities. Now if we’re getting into the realm of regulation/crime: yeah, maybe? You could write a law regulating the temperature of coffee and say that if its this many degrees too hot its a crime. But what we’re talking about here is a tort case. A civil case based on someone damaging a party and trying to be made whole again. What’s there to make whole if there was no damages?
Could be regulations on the books. Idk.
So two parts to her damages, from wikipedia:
They awarded Liebeck a net $160,000[4] in compensatory damages to cover medical expenses, and $2.7 million (equivalent to $5,700,000 in 2024) in punitive damages, the equivalent of two days of McDonald’s coffee sales. The trial judge reduced the punitive damages to three times the amount of the compensatory damages, totalling $640,000. The parties settled for a confidential amount before an appeal was decided.
Do you think 160,000 is reasonable? I think with the cost of medical expenses that makes sense.
If the issue is the 2.7 million originally awarded, that was because of punitive damages. They are damages meant to punish. The idea is certain civil wrongs are so bad we want to punish them for it to not happen. I think 2.7 million is fine for a big company like McDonalds. I’m unsure whether this is something worthy of punishment though.
Ok. So your original wording is a bit different from what you’re saying here I think.
This made it sound like there’s legal processes you can put money into to drag it out (like a $5000 fee to appeal only available to rich appeal, “do it as many times as you want”). I don’t know if that’s what you meant,. but that’s what I read it as.
That doesn’t happen, but:
Yeah no that happens.
I mean there’s that appeals technique I mentioned in exposure. The rich parties can afford to waste time on stuff like that. The goal is to make it unaffordable for the poorer party. Tangle them up in technicalities we’ll lose anyway. Be uncooperative on stuff. “Oh that date is when you work, too bad” (judges do have a say, to an extent, to address these.
I’m unsure on the unfair outcomes part. Unless we’re stretching and talking about stuff like PR or paying off juries and judges. What have you heard/do you mean here?
Nah. I was trying to clear up some misconceptions you may have about things work, but I don’t think courts are fair or nice to poorer people. I think they suck.
Hmm. I’m unsure. In Exposure DuPont is one of the richest companies on the planet. Robert Bilott’s firm (that he works for) had some success holding them accountable with the money difference, but I don’t want to make it sound like Bilott was poor. He wasn’t.
Just guessing: I don’t think money matters that much when it comes to quality (though it can definitely help). Money matters because lawyers aren’t cheap, the system is not built for non-lawyers, and you need a lawyer to succeed typically.
I think that’s the big issue: a big client can pay for good (or even mediocre) lawyers to put in time to do a good job. A poor client can’t. A big client can handle stuff that poorer people cannot.*
*This also could be Liebeck settled. She probably needed the money now. She needed to pay medical bills and other costs of living now.