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University To RIAA: Pay Us To Send Settlement Letters > Gasping For Money

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soccerguy

join:2004-06-28
Seattle, WA

reply to pnh102

Re: Gasping For Money

Legal to a point.

In most cases (cases involving strict liability are but one group of exceptions), the plaintiff is still required to prove a prima facie case. Otherwise the defendant can get the claims dismissed "for failure to state a claim" without the burden of proof shifting to the defendant.

Plaintiffs who sue without stating a cognizable claim will often end up paying the defendant's attorneys fees or be sanctioned. Depends on the nature of the claim.
to forum · permalink · 2007-03-22 16:52:54 ·
Forums > University To RIAA: Pay Us To Send Settlement Letters

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