Class action suit over ID theft tossed out

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you usually need to show "damages"

...unless you can make a strong case for punitive damages.

If you wish to sue someone (and reasonably win), you should present a case where you can show actual past, present, or future damages. Damages could include lost past, present, or future incomel. They could be loss of future use, loss of past, current, & future reputation, loss of affection, loss of rights, visitation, treatment options, etc. The damages can be tangible or intangible...but you should somehow show how you were damaged so that the court can "make you whole" again.

So, if in a public forum, I say something like: "Rrushi1, you ignorant twit" you can certainly sue me all you like. But you probably won't get anything unless you can show how you lost something (affection, standing, income) or were somehow else damaged in the process.

The risk you personally run is that your attorney can milk you for fees. The risk the attorney runs is that he/she can also be found by the court to have brought forth a case that was inactionable & an abuse of process. According to Rule 11, the attorney bringing forth the suit can be fined or sanctioned. Evidently the court didn't find the attorney to be at fault enough to be sanctioned, but this doesn't mean they weren't. In some sense, they were at some type of fault...after all, they lost the case up to this point...subject to appeal.

Posted by:   Posted on: 10/12/06 You are currently: a Guest | Members login | Terms of Use

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