[NougatRillettes]

I am neither a lawyer nor a US citizen, but I think the ruling was not on "whether or not discrimination took place", but rather on "if such discrimination had taken place, would the 1st Amendment of the constitution have allowed it as 'editorial freedom'".

[Gibbon1]

I didn't read the article, but that's usually how things work. Also a lawyer I know that does patent stuff says law firms will file motions they know have no hope of success because it's free money.

[projektfu]

More like it's a lot easier to argue at the beginning that the plaintiff has no standing to sue than it is to go through a whole discovery process and trial to hope for a judgement in your favor. Let alone the risks of the discovery process itself.

[dvtrn]

Also a lawyer I know that does patent stuff says law firms will file motions they know have no hope of success because it's free money

IANAL but I'd imagine bar associations would have a lot of issues with this, wouldn't they?

[Gibbon1]

You have to up and up hard bilk your clients or do something illegal to get the bar pissed at you.

Sometimes it's not the lawyers but the clients with deep pockets. My friend spent ten years litigating one case over MOSFET patents for an unhinged client. And they lost 95% of the time against another well funded company.