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by danaris 886 days ago
They "haven't been convicted of any wrongdoing" because we have developed a detestable habit, in this country, of allowing—in some cases even encouraging—large companies and wealthy individuals to simply settle major lawsuits "without admitting any wrongdoing" rather than forcing them to actually, yes, admit that lying and taking money they weren't owed and didn't need (or whatever other particular awful thing a given suit is about) is wrong, and requiring them to change their behavior.

All because it would be more expensive to actually see justice carried out.

It really makes me wonder just how expensive it would be, in net, to nationalize and/or break up companies like Verizon, and force them to be good corporate citizens either by running them directly, or by cutting them down to a much more manageable size and actually giving them meaningful competition again for the first time in far, far too long.

2 comments

>They "haven't been convicted of any wrongdoing" because we have developed a detestable habit, in this country, of allowing—in some cases even encouraging—large companies and wealthy individuals to simply settle major lawsuits "without admitting any wrongdoing" rather than forcing them to actually, yes, admit that lying and taking money they weren't owed and didn't need (or whatever other particular awful thing a given suit is about) is wrong, and requiring them to change their behavior.

Except in this case it's not really clear that taking them to trial would result in a guilty verdict against them. It's also possible that they get off 100% scot free instead. I don't know about you, but if I was a consumer I'd rather get a paycheck in the mail right now, than having both sides' lawyers rack up thousands more billable hours (which will be paid from the settlement and/or future bills) for an uncertain promise of a bigger paycheck and them being declared as guilty.

Not a Verizon customer, but any regular consumer is only going to be getting $20 or $30, max. If they are guilty, then letting them buy their way out of it without admitting it is BS; if they're not, then letting them be shaken down without being at fault is BS. Reducing everything to expected value and probabilistic calculations means that an ever-increasing volume of commercial and legal decision-making is based on bluff rather than principle.
The "detestable habit" is just the nature of an adversarial court system. If both the defendant and plaintiff agree to drop the matter, how else can you continue the case? Do you have the judge start the Verizon inquisition[0] and become (or appoint) a new plaintiff? Who's going to pay for their time?

It sounds like what you want is the FTC to prosecute the case in lieu of the plaintiffs. That's possibly viable, but they also kind of have their hands full with Google.

[0] Yes, the alternative to an adversarial court system is literally the Spanish inquisition!

Prosecuting cases in lieu of the pontiff is what criminal justice and regulatory enforcement is all about.

It’s not the Spanish Inquisition.

The adversarial legal approach is highly overrated.