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Honored Contributor
Posts: 24,685
Registered: ‎07-21-2011

@sonechko.  I worked in a law firm for over 20 years.  If you are innocent you NEVER settle.  You may not have to admit guilt when you settle but you want the lawsuit to go away.  Surely, if you are sued you would be happy to go to trial if not guilty.  The party being sued knows they will not win.  Easy as that!  Cat Very Happy

kindness is strength
Honored Contributor
Posts: 21,733
Registered: ‎03-09-2010

@Katcat1 wrote:

@sonechko.  I worked in a law firm for over 20 years.  If you are innocent you NEVER settle.  You may not have to admit guilt when you settle but you want the lawsuit to go away.  Surely, if you are sued you would be happy to go to trial if not guilty.  The party being sued knows they will not win.  Easy as that!  Cat Very Happy


That's patently false. Large companies settle all the time because it's often easier and less expensive and less damage to their reputation than going through a knock-down, drag-out fight in court.

 

A settlement does not necessarily indicate guilt just as it doesn't necessarily indicate innocence.


~Who in the world am I? Ah, that's the great puzzle~ Lewis Carroll, Alice in Wonderland
Esteemed Contributor
Posts: 6,730
Registered: ‎12-29-2014

@Katcat1 wrote:

@sonechko.  I worked in a law firm for over 20 years.  If you are innocent you NEVER settle.  You may not have to admit guilt when you settle but you want the lawsuit to go away.  Surely, if you are sued you would be happy to go to trial if not guilty.  The party being sued knows they will not win.  Easy as that!  Cat Very Happy


 

 

 

 

@Katcat1!  What a coincidence!  I worked in a defense law firm for over 20 years! Smiley Happy Hi!

 

There is some truth in what you are saying, but "if you innocent you NEVER settle" is more of an emotion charged statement, than it is factual.

 

Oh yes, you settle and you settle for the sake of your reputation and your business not being dragged through the courts any longer, to keep your legal costs down, in order to put all hype and bad publicity behind, to keep vulchers media away from your good name, and even community boards like this one, tend to love ravage someone's legal problem to no avail....

 

Yes, you do settle, so THEY may finally GO AWAY!  The sooner, the better. Instead of dragging legal matter all the way through the courts.....

 

By the way, it SHELL REMAIN to be SEEN exactly WHO wins a trial, and how court will actually rule ......

 

Because, just like it is very difficult for a Defendant to actually "defend" his business and reputation being attacked with a law suit,  it is EQUALLY DIFFICULT for the Plaintiffs to actually PROVE in the Court of Law, that it was INDEED your fault, that actually caused their ALLEGED damages.

 

This is not so easy to prove, as there may be numerous other factors, and defense would surely produce the line-up of reputable experts and witnesses, medical and mental histories, as well as possible previous legal actions on behalf of plaintiffs, and what's not! The defense will NOT be asleep throughout the trial proceedings.

 

Lawyers on both sides fight their best battle in the Court of Law, the best way they know how, equiped with a lot of reasearch, and expert, lots of other "help". No one really knows ahead of time, what court's ruling will be, and how case is DECIDED in a Court of Law. No one!

 

How do I know? Because over 20 years I witnessed my DEFENSE firm win a lot of cases for their clients - the Defendants! I mean - a lot!

 

Yeah, we had good team of lawyers and made sure our clients win. Woman Happy And we settled a lot of cases too.

 

Not always our clients would want to pay $250-500 per hour and be willing to drag it through the trial, that lasts months or years! Think about the lawyers bill alone!

 

Both sides decide it's best to settle for them, instead of going to court, and they go for it - defendants and plaintiffs. Plaintiffs are yet to prove their claims, remember?

Besides, plaintiffs lawyers on class action cases are, not always, but often a shyster type, who usually do not get hired hourly by anyone, not very often....

Valued Contributor
Posts: 702
Registered: ‎11-01-2013

@Katcat1 wrote:

Hopefully, the hype about Wen is over now.  I cannot see a conditioner cleaning your hair.  Weighing it down, yes.  I feel sorry for the women that lost some of their hair and glad they won the lawsuit.  Cat Very Happy


@Katcat1  Nobody "won" anything,  there was no "hype" to begin with, and the millions of people who over the years have been using WEN with no problems would disagree with your critique.  Do I detect a little W-Envy here?

Super Contributor
Posts: 389
Registered: ‎03-09-2011

You are right that emotional stress can cause hair loss. However, I'm at the most stress free, rested, content place (and have been for several years) so that does not explain the hair loss. It has been over a year now, and I have never experienced hair loss in my entire life than I did for the 6 weeks I used Wen and the 6 weeks following use when my hair gradually went back to normal. 

Respected Contributor
Posts: 4,109
Registered: ‎03-11-2010

As with many, many products, some people have a negative reaction.  I was one of them where WEN was concerned.  I simply quit using it and didn't think much more about it.  My opinion has always been if you react badly to something, quit using it right away.     

Trusted Contributor
Posts: 1,833
Registered: ‎08-31-2013

This is from last year.  Only about a year old, so not as bad as other post graveyard diggers.

Respected Contributor
Posts: 2,967
Registered: ‎09-12-2013

I just do not like this kind of suing and these lawsuits. They're no good for anyone!! Geesh, if everyone sued over a product they used that didn't agree with them, then what good is it for companies to bring new products out?? I agree, just stop using the product!! 

Honored Contributor
Posts: 21,733
Registered: ‎03-09-2010

@wvumountiefan wrote:

I just do not like this kind of suing and these lawsuits. They're no good for anyone!! Geesh, if everyone sued over a product they used that didn't agree with them, then what good is it for companies to bring new products out?? I agree, just stop using the product!! 


@wvumountiefan, to add to this old thread, I'd like to agree with you, but I can't generalize like that. Although some class-action suits may be frivolous, some are quite serious. We all need the legal right to sue when we firmly believe that we've been wronged or hurt by a company.

 

Now, as to what constitutes proof, that's specific to each case. And further, does the person or "class" need to prove willful and/or malicious intent? I don't know the answer to that.

 

But without the right to sue, consumers would have no recourse against companies who do wrong.

 

Obviously, I hope, I am talking about the right to redress in general. I am not at all talking about any specific case.


~Who in the world am I? Ah, that's the great puzzle~ Lewis Carroll, Alice in Wonderland
Super Contributor
Posts: 381
Registered: ‎03-12-2010

Hundreds or more women have complained of hair loss, bad reactions, etc, so obviously there is a serious issue here.  I broke out in serious hives all over my face and it took a week or more to go away.  I am surprised that QVC kept it on as one of their products.  I guess money is more important...