Start selling your Lebron stuff......

Peter_Spaeth · #1 10-20-2024, 11:44 AM

I absolutely agree, the presumption of innocence, and the right to a jury trial, are fundamental.

The OJ prosecution was a disaster. Asking him to try on the gloves was one of the stupidest courtroom moves ever. Some of the witnesses were very poorly prepared. It may be a closer call, but the decision not to offer any evidence of his attempted flight also was a mistake IMO. Was this because Clark and Darden were too busy having an affair? Dunno.

I don't have any issue with the venue statutes and rules. Tell me what specifically you think is a problem. Is your issue with forum selection clauses? The forum chosen still has to have a reasonable relationship to the matter at issue. How are they different from any other contractual term?

Balticfox · #2 10-21-2024, 11:36 AM

Quote:

Originally Posted by Peter_Spaeth

The OJ prosecution was a disaster.... Was this because Clark and Darden were too busy having an affair? Dunno.

I remember Time (or was it Newsweek) gushing over Marcia Clark never having lost a case she was prosecuting before the O.J. trial. I guess she was accustomed to working plea bargains with Court appointed defence "counsels". Facing experienced trial lawyers was another ball of wax for her entirely.

Quote:

Originally Posted by Peter_Spaeth

I don't have any issue with the venue statutes and rules. Tell me what specifically you think is a problem. Is your issue with forum selection clauses? The forum chosen still has to have a reasonable relationship to the matter at issue. How are they different from any other contractual term?

1. First of all, in this specific case the civil proceedings were moved to Santa Monica from Los Angeles County because the plaintiffs didn't like the pool from which the jury would be selected in Los Angeles County.

2. And in general:

Quote:

Originally Posted by Class Actions Comparative Guide: mondaq

Are the courts in your jurisdiction generally considered sympathetic to class actions?

Generally, certain state courts have been known to be more sympathetic to class actions than federal courts. Though the rules for class certification are similar, the manner in which certain state courts interpret the class action rules gives the impression that the state courts are far more favourable for plaintiffs. Thus, class action plaintiffs often file class action complaints in state court whenever possible, while defendants often try to 'remove' such cases to federal court.

In fact, state court 'sympathies' for class actions against corporate defendants made certain state jurisdictions notorious for class action abuse and state court 'forum shopping'. These perceived abuses led to the enactment of the federal Class Action Fairness Act of 2005 (CAFA) � perhaps the most significant change to class action practice in many years. CAFA sought to prevent this type of state court forum shopping by granting the federal courts jurisdiction over class actions involving more than 100 class members and over $5 million in controversy, among other requirements.

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