Woman suing Wal Mart for racism

[CFM]

I doubt it will proceed to trial. About 97% of civil cases end in a settlement.

I have no doubt it shouldn't have been an issue and damn sure shouldn't be a case.

 

[USFREEDOM911]

Walmart locks up hair extensions due to problems with theft. Black woman is alleging it’s racist.

I saw this on a news feed, a couple of days ago, and once again was in awe of the stupidity of some people.

 

[CFM]

I saw this on a news feed, a couple of days ago, and once again was in awe of the stupidity of some people.

When someone files a frivolous lawsuit like this, when it's determined that it is, they should have to pay what they were suing to get. If people had to pay what they were suing for in nonsense like this, it would stop.

 

[Русский агент]

I have no doubt it shouldn't have been an issue and damn sure shouldn't be a case.

Walmart's attorneys will likely propose a settlement amount, Gloria will counteroffer, and eventually they'll settle. Gloria will get 1/3 or so.

 

[USFREEDOM911]

I doubt it will proceed to trial. About 97% of civil cases end in a settlement.

If they settle this, out of Court, then they deserve every single law suit that follows.

 

[CFM]

Walmart's attorneys will likely propose a settlement amount, Gloria will counteroffer, and eventually they'll settle. Gloria will get 1/3 or so.

There's nothing to settle. That this woman is a whiny black female has already been determined.

 

[Русский агент]

When someone files a frivolous lawsuit like this, when it's determined that it is, they should have to pay what they were suing to get.

A frivolous suit can be dismissed. I doubt that will happen in this case.

https://en.wikipedia.org/wiki/Frivolous_litigation

There is also something called vexatious litigation, but, again, that is unlikely.

https://en.wikipedia.org/wiki/Vexatious_litigation#United_States

As far as recovering damages, costs and fees, it doesn't happen often.

Usually this happens only if Plaintiff countersues and a judge awards them damages and fees. Many times this is prohibited by the terms of a settlement agreement. A court order which is enforceable details what the parties may or may not do.

https://en.wikipedia.org/wiki/Settlement_(litigation)#United_States

The American rule, which varies from state to state, is a major factor.

https://en.wikipedia.org/wiki/American_rule_(attorney's_fees)

 

[Русский агент]

There's nothing to settle. That this woman is a whiny black female has already been determined.

US law holds that with few restrictions or exceptions, access to justice is available to all.

In practice, that means that almost anyone can sue almost anyone else for just about anything.

 

[CFM]

A frivolous suit can be dismissed. I doubt that will happen in this case.

https://en.wikipedia.org/wiki/Frivolous_litigation

There is also something called vexatious litigation, but, again, that is unlikely.

https://en.wikipedia.org/wiki/Vexatious_litigation#United_States

As far as recovering damages, costs and fees, it doesn't happen often.

Usually this happens only if Plaintiff countersues and a judge awards them damages and fees. Many times this is prohibited by the terms of a settlement agreement. A court order which is enforceable details what the parties may or may not do.

https://en.wikipedia.org/wiki/Settlement_(litigation)#United_States

The American rule, which varies from state to state, is a major factor.

https://en.wikipedia.org/wiki/American_rule_(attorney's_fees)

Why do you support whiny black people falsely claiming racism when they don't get their way?

 

[Русский агент]

If they settle this, out of Court, then they deserve every single law suit that follows.

They most likely will settle. It's a cost of doing business, and it'll be passed on to the consumer like every other cost is.

 

[CFM]

US law holds that with few restrictions or exceptions, access to justice is available to all.

In practice, that means that almost anyone can sue almost anyone else for just about anything.

What justice in this case? Are you agreeing with the claims of racism in this case?

 

[CFM]

They most likely will settle. It's a cost of doing business, and it'll be passed on to the consumer like every other cost is.

Are you saying the whiny black woman has a case?

 

[Русский агент]

Why do you support whiny black people falsely claiming racism when they don't get their way?

Seriously - you think I support whiny black people falsely claiming racism when they don't get their way?

I know you're smarter than that.

I explained what's likely to happen, and why.

Personally I am in favor of highly-restrictive tort reform, which has zero chance of ever happening in the USA, because liberals and trial attorneys (and their lobbyists) all oppose it.

 

[Русский агент]

Are you saying the whiny black woman has a case?

She has enough of a case to file a suit. Maybe it wouldn't 'stand up in court', but these cases seldom go to trial.

 

[CFM]

Seriously - you think I support whiny black people falsely claiming racism when they don't get their way?

I know you're smarter than that.

I explained what's likely to happen, and why.

Personally I am in favor of highly-restrictive tort reform, which has zero chance of ever happening in the USA, because liberals and trial attorneys (and their lobbyists) all oppose it.

You used the term justice. What injustice was done?

 

[CFM]

She has enough of a case to file a suit. Maybe it wouldn't 'stand up in court', but these cases seldom go to trial.

Not liking that something was locked isn't a case. Being a whiny black female isn't a case.

 

[Русский агент]

What justice in this case? Are you agreeing with the claims of racism in this case?

I don't agree with the allegation of racism in this instance. Although other products are allegedly not "locked up", the burden of proof is on Plaintiff to show that this is the result of racial discrimination. That may be hard to prove.

Many products are displayed with restrictive access because of their desirability and a history of shoplifting. For example, razor cartridge refills (which are routinely purchased by shoppers of every ethnic persuasion) are protected by additional loss prevention measures because a reasonable person would conclude that their theft would be more likely if they were readily accessible.

I wish this case would proceed to trial. I'd like to follow the arguments presented. Unfortunately, it probably won't.

Access to justice doesn't mean that all litigants have clean hands.

I find this kind of thing abhorrent, but it's the prevailing legal doctrine. That's unlikely to change.

 

[Русский агент]

Not liking that something was locked isn't a case. Being a whiny black female isn't a case.

It's enough in the USA. What can I tell you? Those are the facts.

 

[CFM]

I don't agree with the allegation of racism in this instance. Although other products are allegedly not "locked up", the burden of proof is on Plaintiff to show that this is the result of racial discrimination. That may be hard to prove.

Many products are displayed with restrictive access because of their desirability and a history of shoplifting. For example, razor cartridge refills (which are routinely purchased by shoppers of every ethnic persuasion) are protected by additional loss prevention measures because a reasonable person would conclude that their theft would be more likely if they were readily accessible.

I wish this case would proceed to trial. I'd like to follow the arguments presented. Unfortunately, it probably won't.

Access to justice doesn't mean that all litigants have clean hands.

I find this kind of thing abhorrent, but it's the prevailing legal doctrine. That's unlikely to change.

You keep saying access to justice. What injustice was done?

 

[Русский агент]

You used the term justice. What injustice was done?

Justice and injustice in this context are not oppositional terms. Access to justice means the ability to pursue remedies through litigation. There is no inherent presupposition of right or wrong. It means that all people have the chance to get 'their day in court'.