Reply to Judge Sotomayor is right: Ethnic heritage can affect judgement

Forum Index » Political Discussion

Reply to "Judge Sotomayor is right: Ethnic heritage can affect judgement"

Subject:

Emoticons





More smilies

Text Color: Font: Close Marks

[quote=Anonymous][quote=Anonymous][quote]Former student Tarla Makaeff, the original plaintiff in the litigation, not only completed multiple surveys rating Trump University’s three-day seminar “excellent” in every category, but also praised Trump University’s mentorship program in a glowing 5 plus minute video testimonial. When asked “how could Trump University help to meet [her] goals”, she simply stated “[c]ontinue to offer great classes.” Once the plaintiffs’ lawyers realized how disastrous a witness she was, they asked to have her removed from the case. Over my lawyers’ objections, the judge granted the plaintiffs’ motion, but allowed the case to continue. [/quote]

You misunderstand class-action litigation, just like Trump thinks you will, because it is complicated. Lead plaintiffs and class representatives can definitely be substituted, it happens all the time. You don't dismiss a class-action suit when the class has 1000 potentially defrauded plaintiffs because one wasn't the best choice to represent the class. If she had pursued an INDIVIDUAL lawsuit for fraud against Trump, then it may have been appropriate to dismiss. I say "may" because documents reveal that "students" had to complete said surveys in clear view of and under pressure from the "teachers." But that is not at all the same as a class action.[/quote]

This. Class action litigation is a complicated game in which lawyers select "representative plaintiffs," ie those whose individual facts make a good case, and then try to demonstrate that everyone else in the class has the same issues and similar enough facts that they can all be lumped together. If the class's contention is that Trump defrauded them and your representative plaintiff is going to testify to the opposite, you are committing malpractice if you don't seek to have her removed as plaintiff. When you represent the class, the suit isn't about you. It's about the class. The representative plaintiff is just an example. [/quote]

Options

	Disable HTML in this message
	Disable BB Code in this message
	Disable smilies in this message

Review message

Search Recent Topics Hottest Topics