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Has anyone who took them to court included an affidavit pointing to the thousands of previous instances as evidence of a pattern of negligence or whatever, and
by rkagerer 2y ago
Has anyone who took them to court included an affidavit pointing to the thousands of previous instances as evidence of a pattern of negligence or whatever, and asked for punitive dates to be awarded?
- thrtythreeforty 2y agoThat might not be good for any individual case. The reason it works is because each individual claim is "not worth it" to Facebook to fight. Once you're the one asking for punitive damages, suddenly you'll get a lot more resources resisting your case.
- singleshot_ 2y agoYou mean like introducing evidence of prior bad acts used to prove actions in conformance? This is both 1) not admissible evidence under FRE 404 and 2) not how you get punitive damages. Punitive damages are (generally) specifically made available by statute, and often have to do with fraud. Because fraud has some men’s rea elements, you’re not entirely wrong to look to prior bad acts, but it’s not as simple as, “they did this many times so this time they must pay punitive damages.”
- rkagerer 2y agoThanks, great answer!