$250 million is the cost of the whole company. And there is no way that WaPo did $250 million in damages to Mr. Sandmann. This is just an abuse of the system and , frankly, hurts his case in the court of public opinion. The defendant acted badly and deserves to pay out damages, but it shouldn’t be a lottery ticket for the plaintiff.
Regardless of the damages paid (if any, Sullivan ruling, anyone?) The standard of having a confidentiality agreement to keep the proceedings out of the public eye should be done away with, permanently.
It won’t happen, lawyers will never allow themselves to be held to some sort of ethical standard.
The 250 mil is just a standard technique to settle for a much lower amount, to be protected from the public eye by a confidentiality agreement.
How did the law and the practice of it get so royally screwed up?
I refer you to the filing:
https://www.dropbox.com/s/rnio82555v8eiqk/2019-02-19%20Sandmann%20%20vs.%20Washington%20Post%20-%20Complaint.pdf?dl=0
Next, I refer you to his lawyer's tweet about this. Read the comments to his tweet. Public opinion, at least there, is *heavily* in Master Sandmann's favor:
https://twitter.com/LLinWood/status/1097993224881389568
And don't forget punitive damages.
“This is just an abuse of the system and , frankly, hurts his case in the court of public opinion.”
These kinds of lawsuit claims are allowed, and all too common. As long as they are legal there is no reason for a damaged party not to make them and then negotiate from there.
But should these type of “abusive” claims be allowed in a lawsuit at all?
Maybe not. And perhaps we will soon see an editorial in the Washington Post demanding Democrats in Congress pass new laws banning trial lawyers from asking for too much money.
See post 18, below.
I disagree with you. First: Death Threats. Second, for the rest of this young man's life, snowflakes will harass him. He will struggle with employment because the snowflakes will harass his employers. Every aspect of the rest of his life has been damaged irreparably.
No! They tried to destroy this young man!
Make them pay!
Damages are also punitive, a reasonable way punish corporate entities whosebehavior is reckless and irresponsible.
Not so fast.
The damages to Mr. Sandmann could very well be closer to $250 billion. Think very carefully.
You’re sixteen You get death threats from strangers. Half the country turns against you, although it seems like the whole country turning against you because the entire media piles on.
You feel like your life is over.
As per the filing, $50 million damages, $200 million punitive to deter the WP from doing it again. Sounds reasonable to me.
Whut? That kid shouldn’t have to work a day in his life
Journalism needs a wakeup call. The New York Times v. Sullivan decision has made all of journalism far too comfortable and in reed of some afflicting.
Rule 1 of legal bargaining.....initially shoot for much more than you expect to get.