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MacAdvisor
LegalEagle
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Comments by "MacAdvisor" (@MacAdvisor) on "Real Lawyer Reacts to L.A. Law, Boston Legal, Rick \u0026 Morty, and Ally McBeal" video.
Objection: The case of BMW v. Gore, 517 u.s. 559 (1996) is the real limiting factor in punitive damages (it limits punitive damages far too much in my mind, but I do not sit on the Supreme Court). The case limits punitive damages, however egregious the behavior of the defendant, to not more than three times the actual damages. In order to get one day's profit, as suggested here, of $190 million, the actual damages for the loss of life would have to be just less than $64 million. That is a preposterous number the facts would almost certainly not support.
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Objection: IF most large law firms are in lock step with the salaries for first year associates, could this not be a violation of the Sherman Act on price-fixing?
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Objection: The old adage aside, studies have shown that those who represent themselves have, in some situations, a better outcome than those represented by an attorney. The work of Julie Macfarlane of The National Self-Represented Litigants Project has some interesting published studies. Simple divorces in family law seems to show the best outcomes with significantly lower costs and without discernible impact on outcomes. Criminal law seems to suffer the most. Certainly small claims courts across the country demonstrate every day one can represent oneself in court very adequately. Landlords also represent themselves in eviction cases without seeming harm. I wouldn't suggest someone attempt a tobacco class-action lawsuit on their own, but getting back $500 for a slipshod repair job seems perfectly reasonable.
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