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Technology Stocks : America On-Line: will it survive ...?

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To: Zoltan! who wrote (1464)2/5/1997 7:16:00 PM
From: LordDarley   of 13594
 
-< I guess they hadn't heard the "Lord" Chancellor had issued his decree. >

This is really silly. I have simply been saying that the settlement by the ag's probably removes the threat of treble damages and recovery of attorneys' fees under consumer protection statutes. That will make these civil claims (for single damages without attorneys' fees) much easier to manage.

Consolidation as a class action will also make it much easier for AOL to defend, as they are now dealing in only one court. It will take no talent whatsoever for AOL to postpone the trial of this for a few years, well beyond the time when any payment of damages would affect cash flow (which is precarious now).

The only thing that would change my view would be if there were still a viable claim for treble damages and recovery of attorneys' fees. The only statute which would remotely provide for this is RICO. Based on my experience with RICO actions, I do not believe that a recovery is even remotely likely under that statute.

I don't think my response will mollify you, but hopefully this will be of assistance to people trying to put this lawsuit into the proper perspective. And by the way, to respond to your question as to which law school I attended, I am a graduate of the same law school as Earl Warren, but where you went to school doesn't count for squat after landing your first job.

LordDarley
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