A reminder

Some commenters appear not to have seen this, so it is worth recounting in updated fashion: For readers who haven’t figured this out on their own:When we post on Overlawyered about a real or potential lawsuit, it doesn’t necessarily mean we think the case is without merit. We regularly discuss meritorious cases. Not infrequently lawsuits […]

Some commenters appear not to have seen this, so it is worth recounting in updated fashion:

For readers who haven’t figured this out on their own:

  • When we post on Overlawyered about a real or potential lawsuit, it doesn’t necessarily mean we think the case is without merit. We regularly discuss meritorious cases.
  • Not infrequently lawsuits we discuss are well founded on existing law, but that existing law is ill-conceived and deserves to be reconsidered. Or both law and lawsuit may make perfect sense, but the level of damages demanded may be excessive or implausible. Or the combatants on one side or both may pursue dubious tactics and theories. Or the media coverage of the case may have been credulous or one-sided. You get the idea.
  • Sometimes it’s not clear what if anything either side did wrong in pursuing a dispute, but the case still stands as a monument to the high cost of resolving things through legal process. A recurring example: the family feud over a legacy that ends by consuming the estate in litigation costs.
  • We also discuss a certain number of cases that are just plain interesting: they raise novel or non-obvious legal issues, or they shed light on human nature as it manifests itself in legal disputes. And, yes, it does happen on occasion that I take note of a case without being sure what I myself think of it.
  • Finally, Walter, Ted, and David are three different people and don’t always agree amongst themselves.

Sorry if this introduces complexity where people were expecting to find simplicity.

And another reminder: voting in the neck-and-neck race ends January 2.

2 Comments

  • Re: #3

    Cf. Dickens’ Bleak House.

  • Meritorious lawsuit? Which one was that?