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but absolutely none of that, save the encouragement of harassment, has any bearing on what the victims suffered from the behavior the lawsuit is fundamentally a
by entiex 4y ago
but absolutely none of that, save the encouragement of harassment, has any bearing on what the victims suffered from the behavior the lawsuit is fundamentally about. These damages are, supposedly, compensatory, and so the only relevant factor is supposed to be what the victims actually suffered.
- salt-thrower 4y agoForgive me for wondering whether an account created 27 minutes ago is arguing in good faith on a topic that frequently gets brigaded by FUD trolling. An actual lawyer will have to weigh in on whether this fits the damages awarded in similar cases.
- int_19h 4y agoI think the point here is that it doesn't really matter whether the lawyers call it "compensatory" or not. Many legal terms don't really mean what it says on the tin. But we're talking here from a common-sense perspective: is the intent behind this fine, however it is described, to compensate for actual damages suffered, or to punish the conduct? And for it to be the former, it has to be in line with actual damages.