The slow progress of the Alexandre Family Farm suit doesn’t surprise me, and I do not update downward because of it. It’s common for a defendant who has deep pockets to play games—like taking a longshot mid-case appeal—in an attempt to (a) stall the litigation, and (b) drain the resources of a plaintiff that is not nearly as well bankrolled.[1]
Lest I sound anti-defendant, there are also games that plaintiffs can often play to wear down defendants—especially in the next stage of the litigation, discovery. Defendants can and will play games in discovery too. However, the burdens of discovery fall much more heavily on the defendant in litigation of this sort—it is the defendant whose actions are being challenged and who has a treasure trove of potentially discoverable (and potentially embarrassing) information. Discovery is expensive for all concerned, but the relative costs of battle between the parties are more slanted in the plaintiff’s favor at this stage than at the pleading stage.
I donated to LIC again this year.
The slow progress of the Alexandre Family Farm suit doesn’t surprise me, and I do not update downward because of it. It’s common for a defendant who has deep pockets to play games—like taking a longshot mid-case appeal—in an attempt to (a) stall the litigation, and (b) drain the resources of a plaintiff that is not nearly as well bankrolled.[1]
Lest I sound anti-defendant, there are also games that plaintiffs can often play to wear down defendants—especially in the next stage of the litigation, discovery. Defendants can and will play games in discovery too. However, the burdens of discovery fall much more heavily on the defendant in litigation of this sort—it is the defendant whose actions are being challenged and who has a treasure trove of potentially discoverable (and potentially embarrassing) information. Discovery is expensive for all concerned, but the relative costs of battle between the parties are more slanted in the plaintiff’s favor at this stage than at the pleading stage.
Thank you so much for your support, Jason!