Hacker News new | ask | show | jobs
by kobalsky 2072 days ago
> Do take the letters seriously... determine whether there are valid legal claims presented. But if there are not, it is a scare tactic, so don't stress over it.

Is the validity of the legal claim that relevant? If deep pockets co. wants to sue you into oblivion can't they just drag the trial forever and make sure you go bankrupt from legal fees before reaching a judgement?

2 comments

Depends on the jurisdiction and tort. America is notably hostile to attorney fee shifting, to the point where we literally call it the French Rule. If you're sued for something baseless you're expected to have the money to defend yourself. Copyright is unique in that fee shifting is regularly granted in the US, but even then it's limited to specific amounts of hours billed at a reasonable rate as determined by a court. You don't get to just hire the most expensive attorney with the expectation that they can make the nuisance suit go away and then collect from the plaintiff rather than the defendant.
Depends how invalid the legal claim is. There are multiple points a judge can say "this is such obvious BS I'm cutting it off now" ("summary judgment").