• VikingHippie@lemmy.wtf
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    10 months ago

    It doesn’t cost any money to defend against a suit that no judge would accept.

    To allow a suit based on the assumption that the FEC was wrong and Forbes must have known so is the kind of insanity that gets a judge removed from the bench in even the most conservative jurisdictions.

    So no, there’s absolutely no valid excuse for Forbes to use the word in this case.

    • GladiusB@lemmy.world
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      10 months ago

      I mean. It does. Having lawyers on retainer that would defend it costs money. Money that could be better spent on other legal services. I do agree it would be thrown out. But there are plenty of legal things that cost money just to file. Hundreds of dollars to respond to a petition if you file online. It’s not “free”.

      • VikingHippie@lemmy.wtf
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        10 months ago

        It really doesn’t. Lawyers on retainer are on paid no matter whether they have anything to do. That’s what being on retainer mean.

        It costs nothing to ignore an unlawful legal request, at least not when you already have lawyers on retainer to do exactly that. A publication the size of Forbes ABSOLUTELY do.

        There’s no legal or economic downside to ommitting “alleged” and it still sends the misleading message that she might be innocent, which could feed into her false martyrdom scam and actually help “earn” her a lot more money than the fine cost.

        In conclusion: there’s no potential downside to NOT spreading false doubt like that and there’s a ton of potential downside to doing it.

        • GladiusB@lemmy.world
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          10 months ago

          Have you ever paid an attorney a retainer? They absolutely use it for every phone call and email pertaining to anything with a case. A retainer is just a down payment. And they draw from it. They don’t work for free.

          • VikingHippie@lemmy.wtf
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            10 months ago

            Even if they DIDN’T have a fixed amount set aside for making frivolous lawsuits go away (again, a publication the size of Forbes definitely do), the cost of having the lawyers draw up paperwork saying “fuck off, you don’t have a case”, only more professionally, is trivial to Forbes.

            You can keep yammering on about how not saying “alleged” about a legal certainty would have them sued to bankruptcy all you want but that doesn’t change the fact that it just isn’t true.

              • VikingHippie@lemmy.wtf
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                10 months ago

                And my point is and has always been that any tiny advantage of misleading their readers like this is multifold overshadowed by the many negative consequences.

                • GladiusB@lemmy.world
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                  10 months ago

                  That’s not how I read what you wrote. You say several times it will “get thrown out of court” like some TV court drama. It still costs money to have that much pull to have the right people know how to throw cases out of court. There are procedures that need to be followed or you look like you don’t know anything about law. And the judge with consider it a folly on either side.

                  • VikingHippie@lemmy.wtf
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                    10 months ago

                    That’s not how I read what you wrote

                    Clearly.

                    it will “get thrown out of court” like some TV court drama

                    That’s just a faster way to say “any judge would approve a motion to dismiss immediately” and as I mentioned before, such a motion is completely routine for their in house counsel.

                    It still costs money to have that much pull to have the right people know how to throw cases out of court.

                    Not anywhere near as much money as you seem to think. Any lawyer worth his salt knows how to draw up a valid motion to dismiss.

                    There are procedures that need to be followed or you look like you don’t know anything about law.

                    Yes, it’s called a motion to dismiss. It’s one document that everyone with a JD has written many of.

                    And the judge with consider it a folly on either side.

                    No, the doctor will not consider filing a motion to dismiss a patently ridiculous case “folly on both sides”.

                    You were wrong. It happens to all of us sometimes.

                    Now please give it a rest and stop making a Supreme Court case out of what would be a summarily dismissed nuisance suit.