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View Diary: Conservative Supremes thwart fair wages claim, and Kagan lets 'em have it. (166 comments)

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  •  Yes, you've hit on one of the issues. (1+ / 0-)
    Recommended by:
    whaddaya
    Shouldn't there at least be a question of whether the offer was sufficient to make plaintiff whole?
    I haven't read the case nor trial court pleadings, but perhaps the plaintiff in her complaint asked for a total of $7,500 in her complaint (her request in her complaint sets a nearly-absolute upper limit on her recovery other than for damages that continue to accrue as the case proceeds - for instance, attorneys' fees and interest on damages continue to accrue even after the complaint is filed).  But then, of course, the correct route to go would have been for the defendant to amend its answer to admit the allegations.  It seems like Genesis wanted to pay her off without admitting wrongdoing.  Basically, it wanted - and succeeded - in forcing her into a settlement without actually having to negotiate for that settlement.

    I hate politicized cases like this because they result in horrible law, just like Bush v. Gore and its ridiculous electoral law rule that, in essence, ballots are entitled to equal protection (through the voters who cast them).

    "The first drawback of anger is that it destroys your inner peace; the second is that it distorts your view of reality. If you come to understand that anger is really unhelpful, you can begin to distance yourself from anger." - The Dalai Lama

    by auron renouille on Tue Apr 16, 2013 at 08:50:36 PM PDT

    [ Parent ]

    •  They offered her everything she asked for (1+ / 0-)
      Recommended by:
      whaddaya

      Every dollar.  If she wanted more, she should have amended her claim before they offered the settlement, or made her claim higher to begin with.

      Perhaps she graduated from the Obama school of starting negotiations at your settlement point, instead of at the far end of what you want - so you have something to give up.

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