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Comment by Spivak

9 years ago

There's no need to be pedantic here. When a layperson talks about the ability of one person to sue another they mean the high likelihood of winning said suit.

We all know what the parent meant.

There's more to suing than the likelihood of winning. War of attrition is a big one. If you have a lot of resources you can sue just to cause financial damage, emotional distress etc to the defendant without having to actually eventually win the case.

So it's completely fair that when a layperson talks about the ability of suing, they're talking about net losses from that process and not necessarily about the final verdict.

> There's no need to be pedantic here. When a layperson talks about the ability of one person to sue another they mean the high likelihood of winning said suit.

well, I'm a layperson and I would not interpret it that way. Suing someone is taking a gamble, and that gamble does not necessarily pay off. In this particular case the 'high likeihood of winning said suit' is not all that high.

> We all know what the parent meant.

You only speak for yourself and you definitely do not speak for me.

  • > You only speak for yourself.

    And for me, as well.

    I, like (hopefully) most people who comment here, am well aware that you can sue anyone for any reason, with zero evidence or support for your assertion. When someone asks "couldn't X be sued for Y?", I always read that as a question of someone asking about the likelihood of winning that particular suit.

    Because if you take the question literally, then the answer is -- literally -- always yes, so it'd never be a useful question, ever.

    But sure, maybe someone with a radically different legal system is asking. In that case, still, a simple, non-pedantic-sounding "sure, they could, but they'd be unlikely to win because A and B" would suffice.

    • So, in what world do you see a judge awarding damages to a Neo Nazi outfit that decided to sue a provider of an optional internet service for damages incurred because the internet service provider withdraw their service in explicit agreement with their terms of service?

      Sure you can sue for that but I do not see any chance of winning such a suit, and I'm pretty sure that that Cloudflare would be more than happy to litigate their right to deny service.

      2 replies →

  • >> We all know what the parent meant.

    > You only speak for yourself and you definitely do not speak for me.

    So you reflexively see the words "X can sue" as a truism, a meaningless statement? It doesn't occur to you that the person saying those words actually wanted to convey some information with them?

    Fine by me if you disagree with whether the odds of some suit getting anywhere are better than nil. But to not even realize that such a statement is being made, that must suck.