Comments on: Immunity – up to a point http://overlawyered.com/2007/02/immunity-up-to-a-point/ Chronicling the high cost of our legal system Tue, 14 Feb 2012 16:26:11 -0500 http://wordpress.org/?v=2.8.4 hourly 1 By: wavemaker http://overlawyered.com/2007/02/immunity-up-to-a-point/comment-page-1/#comment-13617 wavemaker Thu, 01 Mar 2007 02:35:09 +0000 http://overlawyered.com/wpblog/index.php/2007/02/immunity-up-to-a-point/#comment-13617 how can we successfully disincentivize plaintiffs and plaintiffs' lawyers from bringing meritless suits? Narrowing the standard applied to review of alleged Rule 11 violations would be a start; and sanctions would help too. At this point, all you have to do is pass the "ha-ha" test. how can we successfully disincentivize plaintiffs and plaintiffs’ lawyers from bringing meritless suits?

Narrowing the standard applied to review of alleged Rule 11 violations would be a start; and sanctions would help too.

At this point, all you have to do is pass the “ha-ha” test.

]]> By: Eric @ New York Personal Injury Law Blog http://overlawyered.com/2007/02/immunity-up-to-a-point/comment-page-1/#comment-13616 Eric @ New York Personal Injury Law Blog Wed, 28 Feb 2007 15:05:16 +0000 http://overlawyered.com/wpblog/index.php/2007/02/immunity-up-to-a-point/#comment-13616 This case isn't quite the same as this blog, since The Raging Bull message boards at issue don't have messages being pre-screened. Here, they are, and editorial control is exercised. Thus, if the blog controls are set for posting without pre-screening (and thereby raising other obvious problems) it is conceivable there could be a different result under some theory of editorial liability. Since 47 USC 230 protects the web site as "publisher or speaker," it will be interesting to see if someone can carve out an exception to the statute for editor. --Eric This case isn’t quite the same as this blog, since The Raging Bull message boards at issue don’t have messages being pre-screened. Here, they are, and editorial control is exercised.

Thus, if the blog controls are set for posting without pre-screening (and thereby raising other obvious problems) it is conceivable there could be a different result under some theory of editorial liability. Since 47 USC 230 protects the web site as “publisher or speaker,” it will be interesting to see if someone can carve out an exception to the statute for editor.

–Eric

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