Comments on: Suit: Untimely cremation should net us $3.5M http://overlawyered.com/2008/08/suit-untimely-creamation-should-net-us-35m/ Chronicling the high cost of our legal system Wed, 15 Feb 2012 01:26:26 -0500 http://wordpress.org/?v=2.8.4 hourly 1 By: Matthews Cremation Equipment http://overlawyered.com/2008/08/suit-untimely-creamation-should-net-us-35m/comment-page-1/#comment-30286 Matthews Cremation Equipment Tue, 07 Oct 2008 13:12:52 +0000 http://overlawyered.com/?p=7421#comment-30286 I agree with Cooper, I 100% believe the $3.5 million ad is basically the result of cut-n-paste pleading I agree with Cooper, I 100% believe the $3.5 million ad is basically the result of cut-n-paste pleading

]]> By: August 19 roundup http://overlawyered.com/2008/08/suit-untimely-creamation-should-net-us-35m/comment-page-1/#comment-27394 August 19 roundup Tue, 19 Aug 2008 04:06:29 +0000 http://overlawyered.com/?p=7421#comment-27394 [...] topics of recent interest on the site — cremation and service monkeys — together in one post [The Urn [...] [...] topics of recent interest on the site — cremation and service monkeys — together in one post [The Urn [...]

]]> By: Ted Frank http://overlawyered.com/2008/08/suit-untimely-creamation-should-net-us-35m/comment-page-1/#comment-27328 Ted Frank Mon, 18 Aug 2008 12:10:29 +0000 http://overlawyered.com/?p=7421#comment-27328 This wasn't simply cut-and-paste ad damnum, according to story: it was a request actually verbally made to a jury. This wasn’t simply cut-and-paste ad damnum, according to story: it was a request actually verbally made to a jury.

]]> By: Benjamin Cooper http://overlawyered.com/2008/08/suit-untimely-creamation-should-net-us-35m/comment-page-1/#comment-27308 Benjamin Cooper Sun, 17 Aug 2008 22:36:48 +0000 http://overlawyered.com/?p=7421#comment-27308 I think the $3.5M ad damnum is basically the result of cut-n-paste pleading and the desire to ensure that a friendly jury (which wasn't here) won't be limited by the pleadings. Other than the fact that the media doesn't realize that most cases never receive more than 10% of the ad damnum's value, and the fact that (in this case) it could have been fraudulently alleging federal jurisdiction if there was diversity, I don't know how objectionable the practice is. I think the $3.5M ad damnum is basically the result of cut-n-paste pleading and the desire to ensure that a friendly jury (which wasn’t here) won’t be limited by the pleadings.

Other than the fact that the media doesn’t realize that most cases never receive more than 10% of the ad damnum’s value, and the fact that (in this case) it could have been fraudulently alleging federal jurisdiction if there was diversity, I don’t know how objectionable the practice is.

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