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comment by someguyfromcanada
someguyfromcanada  ·  2680 days ago  ·  link  ·    ·  parent  ·  post: Did The CEO Of Reddit Pierce Section 230

That is still the way it is. The vast majority of litigation cost is pre-trial as most cases never go to trial. Insurers also always make the decisions about lawsuits and they are very sophisticated litigants who simply view it on a cost/benefit analysis.

I would think that medical device litigation is very different than suing reddit about a post, which would not be nearly as complicated. Or involve such enormous potential benefit to the contingency lawyers so would not be an incentive for overreaching.

Contingency lawyers too would do a cost/benefit analysis and might not demand evidence that is not relevant or go on "fishing expeditions" (an actual legal term about discovery). Server logs would narrow it down. Or maybe they would try to access to access Slack threads to find additional evidence. Who knows.

But back to potential mod liability... if they were found to be relevant (of course after the plaintiff brings a motion to depose that may be contested to the cost of $5,000 or something to the mod, who of course does not have insurance against such eventuality), there is still the emotional cost of being potentially liable for some astronomical absurd amount claimed. They probably do not have deep pockets though and the plaintiff may settle in exchange for their cooperation, but that too is still a cost to the mod.

This might be an out of date stat as well but I have heard that tort litigation in the States is a bigger business than the automobile industry. And it is certainly not the aggrieved that benefit the most. For some reason tort reform is really opposed by the ABA.