Businesses should get good treatment by the court. Businesses doing poorly, no jobs created and the economy ends up tanking. How about we cut the business tax rate which is the highest in the civilized world so we can see some real growth?
Whether the court is friendly or not friendly to businesses is of less importance to me than getting it “right” is. The fact that many of these cases were decided 8-1 or 9-0 tells me they were following the law and the Constitution and getting it right rather than having a pro-business agenda.
I definitely agree with most of these decisions, but there are a couple I’m curious why the decision was rendered as it was.
Microsoft v. Baker — If there is a design defect that gouges discs and makes them unreadable, causing the end-user to have to buy another $50+ disc even though they already have one, I feel this WOULD be a valid class action suit. Maybe they couldn’t prove the discs were damaged by a design failure??
Midland Funding v. Johnson & Henson v. Santander — I’ve seen business try to recover out of statute payments and threatening court action, garnishment of wages and other civil penalties. If business continue to threaten people to pay out of statute payments, this to me screams for some consumer protection. Most people don’t even know there IS a statute of limitations for collecting debt.
The main issue with the Microsoft one seems to be that the owners who originally brought the case had at one point voluntarily dismissed their accusations after a lower court judge ruled that they could not form a class action lawsuit. All the justices agreed in one way or another that this voluntary dismissal invalidated their right to sue.
I had been hoping they got Microsoft in this one since I vividly remember how badly the disks I had for the original XBox would last less than a year before they were too scratched to run.
Thanks for the additional info, Counterpoint! I think it’s messed up that a voluntary dismissal of a case due to a judge saying they can’t form a class action invalidates any future claim they may file in the event they actually are able to form one. That said, laws are laws and their attorney’s should’ve known they were shooting themselves in the foot in the future by withdrawing the claim as they did.
Businesses should get good treatment by the court. Businesses doing poorly, no jobs created and the economy ends up tanking. How about we cut the business tax rate which is the highest in the civilized world so we can see some real growth?
Whether the court is friendly or not friendly to businesses is of less importance to me than getting it “right” is. The fact that many of these cases were decided 8-1 or 9-0 tells me they were following the law and the Constitution and getting it right rather than having a pro-business agenda.
Get it right ladies and gentlemen, get it right!
Dave, do you agree that we have a better chance to get good decisions than we had pre Gorsuch?
I definitely agree with most of these decisions, but there are a couple I’m curious why the decision was rendered as it was.
Microsoft v. Baker — If there is a design defect that gouges discs and makes them unreadable, causing the end-user to have to buy another $50+ disc even though they already have one, I feel this WOULD be a valid class action suit. Maybe they couldn’t prove the discs were damaged by a design failure??
Midland Funding v. Johnson & Henson v. Santander — I’ve seen business try to recover out of statute payments and threatening court action, garnishment of wages and other civil penalties. If business continue to threaten people to pay out of statute payments, this to me screams for some consumer protection. Most people don’t even know there IS a statute of limitations for collecting debt.
Anyone care to talk about those two rulings?
The main issue with the Microsoft one seems to be that the owners who originally brought the case had at one point voluntarily dismissed their accusations after a lower court judge ruled that they could not form a class action lawsuit. All the justices agreed in one way or another that this voluntary dismissal invalidated their right to sue.
I had been hoping they got Microsoft in this one since I vividly remember how badly the disks I had for the original XBox would last less than a year before they were too scratched to run.
Thanks for the additional info, Counterpoint! I think it’s messed up that a voluntary dismissal of a case due to a judge saying they can’t form a class action invalidates any future claim they may file in the event they actually are able to form one. That said, laws are laws and their attorney’s should’ve known they were shooting themselves in the foot in the future by withdrawing the claim as they did.