by MecosKing » Wed Feb 07, 2007 1:30 am
Well, just playin devils advocate here because i have no idea the answer to this question, and i actually dunno if there is an 'answer' per se buuuuut- assuming there reallly is commonality, wouldnt you be better off litigating a few individual lawsuits first to 'test' the waters, where you stand to lose alot less if you actually lose the suit than if you lose a class action? I mean if you win a couple at the outset, thats gonna be a severe deterrent to any more being brought, and I mean even if you win some/lose some, the knowledge that you will fight them will greatly disincentivize plaintiffs from spending lots of money coming after you with individual suits, and also disincentivize lawyers from taking thier cases without fat retainers, etc...
And then if it endsup where precedents against your position endup gettin entrenched/established, at that point id think your best off with a class action suit and/or establishing a fund out of which to pay settlements, since you can expect shitloads of hungry plaintiffs/hungry lawyers...i dno dood, my answer to your profs question if i were you prolly woulda been 'Hire an accounting firm and let the heebs figureitout, id much rather sit around drinkin guiness with a potato up my ass k thx..'
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