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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Make it a JUSTICE system. | 83 comments | Create New Account

Comments belong to whoever posts them. Please notify us of inappropriate comments.

Make it a JUSTICE system.

Authored by: Wol on Wednesday, April 24 2013 @ 01:39 PM EDT

In particular, give Judges the power to make an innocent victim whole.

For that you need two things. The ability and the willingness to award attorney
fees on a far more frequent basis than at present.

Adn the ability of the Judges to "tear the veil" - either declaring a
corporation to be a fraud and legal fiction if the purpose of incorporation is
or appears to be the avoidance of liability, and a willingness to make the
attorney firms jointly liable if the Judge thinks they are gaming the system.

If the Judges have the power, I doubt they will use it much. Just a couple of
high-profile cases, and there will be far fewer abusive court cases. This could
help the load on the courts!

And don't say "that denies an American his constitutional right to his day
in court". I'd much rather have the right to justice - not to be bankrupted
by someone else's imagined grievance just because they're richer than me.

Cheers,
Wol

[ Reply to This | Parent | # ]

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