4 ms·
Where’s the coercive remedy? Judges always mess this up. They act like their words have power. They issue one injunction, the party violates it in a flagrant m
by goodluckchuck 1y ago
Where’s the coercive remedy?
Judges always mess this up. They act like their words have power. They issue one injunction, the party violates it in a flagrant manner, then the judge issues a new injunction.
You have to impose a coercive doubling fine, or something like that. Say $10 Million on day 1, $20 Million on day two, until compliance is secured.
- nielsbot 1y agoOr jail time for those responsible.
- goodluckchuck 1y agoIncarcerating someone until they comply is a tried and true approach, but it’s complicated with a company. Who do you jail? The CEO? What if he’s directed his subordinates to comply and they simply know he doesn’t really want them to? It’s hard to jail those lower down the food chain, because does Apple even care? I don’t know that would be effective. They might get indignant and use it as a rallying cry, because it doesn’t really cost the business anything. A more comparable analogy would be to enjoin Apple from selling the relevant products, e.g. they cannot collect any commissions until they comply. Jail is a good punishment, but not a very effective form of coercion when the wrongdoer is a business.
- nielsbot 1y agoI just assume the threat of jail would be pretty coercive. And a trial would help figure out who is at fault and what penalty they pay? (IANAL)