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Cinemark is asking plaintiffs in Aurora shooting lawsuit for $700k

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RPGCrazied

Member
How about no, if anyone should pay up its the shooter's family. Leave the victims alone, they already paid to see the movie before some of them got murdered.

Edit: I read it wrong, my bad.
 

low-G

Member
Anybody can sue. Just don't sue with a bullshit case like this one.

Did you even bother to read all the details of the case?

But no, not everybody can sue if this is the chilling effect. Meanwhile the rich CAN sue over far more frivolous things.
 

RickAstley

Neo Member
They really should just cut their loses. I would be okay with this without context but these people have suffered enough. Sure, they sued you for something you had no control over but let it go. I don't think $700,000 is a big deal for Cinemark.

Kind of hard to just "let it go" when the other party is appealing the decision and continuing to force you to spend money to defend yourself.
 
I mean, that's what it sounds like when you say "you should only sue if you can afford losing".

Then you read it completely wrong. I was saying that suing comes with a cost if you lose. Doesn't matter if you're rich or poor.

However I do see many who believe if someone is rich they should just pay up or eat cost since they can.

This would lead to people sueing and not worrying about repurcussions, which it seems many already do.
 
You are a multi-millionaire and were wrongfully sued for the deaths of family members. It honestly was not your fault even though the people died on your property. You win your case. The court fees accumulate to $700,000. Do you demand these people to reimburse you or do you just let things be and let them go on and try to mend their lives?

So you let them go mend their lives and then basically tell any and all future lawsuits to go ahead, because you'll just absorb legal fees, yes?
 

The Adder

Banned
Cinemark isn't suing because they were sued. They're suing because the families are planning to sue them again. And they'll have to eat even more legal fees. This is a preventative measure.
 
Whatever you say. Pointing out that we're on the internet, and that most people here play videogames- as if either of those things are at all out of the ordinary for 20-30-somethings these days- as some sort of counterargument is intellectually lazy, condescending, and becoming really obnoxious to see on here.

I take it you don't see many Marrec posts?
 
Did you even bother to read all the details of the case?

But no, not everybody can sue if this is the chilling effect. Meanwhile the rich CAN sue over far more frivolous things.

What's the chilling effect?

That defenders of frivolous lawsuits are allowed to recoup money essentially forced from them?
 

DOWN

Banned
Pretty sure the article says it is basically a move to just end all the legal issues as the plaintiffs may continue to sue them by appealing and the chain wants to end it, but they'll drop their legal counteraction once the plaintiffs drop theirs
 

firelogic

Member
At first I thought why doesn't Cinemark just eat the (insignificant to them) cost and move on? It can't be good PR. But then I thought, no they're right to do this because they have to send a message that if you're going to frivolously sue them, it'll bite you in the ass.

And yes it was a tragedy and they've already paid with their lives/injuries, but that was that and this is this. They got their day in court and lost. They should pay for it.

If Cinemark doesn't do this, it opens the door to tons of lawsuits where the "victim" has no fear. They either win the case and collect or lose and nothing is lost. Cinemark would be in court 365 days a year.
 
What's the chilling effect?

That defenders of frivolous lawsuits are allowed to recoup money essentially forced from them?

I'm understanding it as "if your not rich you shouldn't sue since you can't afford if you lose"

Meanwhile it should always be "Don't sue unless you have a strong case to win"
 

Cromwell

Banned
This is a fucking ludicrously bad PR movie of epic proportions, regardless of whatever precedent there might be with plaintiffs paying legal fees or whatever.
 

Toxi

Banned
Then you read it completely wrong. I was saying that suing comes with a cost if you lose. Doesn't matter if you're rich or poor.

However I do see many who believe if someone is rich they should just pay up or eat cost since they can.

This would lead to people sueing and not worrying about repurcussions, which it seems many already do.
The problem is that tips the balance for the civil law system massively towards those who can easily eat the costs for losing a lawsuit.

Luckily, it doesn't seem like Cinemark is actually going to pursue as long as the families don't appeal.
 
While I don't think this is a good look for Cinemark, what they fuck were they supposed to do about a guy who brought a fucking gun to a Cinema and started gunning people down?

Are we supposed to install metal-detectors in Movie Theatres now?

It's easy to say "oh just eat the cost", but let's be real - $700k is nothing to whisk away, and I can't imagine the company has enough reserves to just waiver that fee.
 
At first I thought why doesn't Cinemark just eat the (insignificant to them) cost and move on? It can't be good PR. But then I thought, no they're right to do this because they have to send a message that if you're going to frivolously sue them, it'll bite you in the ass.

And yes it was a tragedy and they've already paid with their lives/injuries, but that was that and this is this. They got their day in court and lost. They should pay for it.

If Cinemark doesn't do this, it opens the door to tons of lawsuits where the "victim" has no fear. They either win the case and collect or lose and nothing is lost.

Exactly. To make it worse not only did they lose, but they plan to sue again.

So anyone saying Cinemark should eat the cost is basically saying that after the families lose a second time Cinemark should once again just eat the cost.

Rinse and repeat until the he families decide to give up.
 

commedieu

Banned
I know right!

Hey they have a lot of money, they should just pay up!


How about don't sue if you can't handle the cost of losing?

I like that better.

Stop.

The reason I wouldn't pay them, is because bad PR is going to be worse than the 700k threat to not have them continue any more legal action. This was a national tragedy, not a roach in a mug. Its going to cause more damage to my business, than taking the hit.

U.S. District Judge R. Brooke Jackson indicated that it wasn’t an easy decision but said the 10 lawsuits pose questions of interpretation and application of law.

“I suspect that many people, despite overwhelming sympathy and grief for the victims of the Aurora theater shootings, might upon hearing about these lawsuits have had reactions like, ‘How could a theater be expected to prevent something like this?’ ” Jackson wrote. “I confess that I am one of those people.”

Jackson dismissed a claim of negligence but let stand a claim of wrongful death and another claim filed under Colorado’s Premises Liability Act.

This wasn't some frivolous attempt that just wound up in court, it was approved to go forward by a Judge. So, we can stop the corporate cheer-leading and victim blaming. All it does is widen the wealth gap.
 

Cromwell

Banned
Exactly. To make it worse not only did they lose, but they plan to sue again.

So anyone saying Cinemark should eat the cost is basically saying that after the families lose a second time Cinemark should once again just eat the cost.

Rinse and repeat until the he families decide to give up.

Ok, I didn't know this bit of information.

I don't really understand why the families are doing this.
 

Toxi

Banned
It's easy to say "oh just eat the cost", but let's be real - $700k is nothing to whisk away, and I can't imagine the company has enough reserves to just waiver that fee.
They probably will eat the cost. The point of this is most likely to deter the families from appealing, and after that happens they drop it.
 

iamblades

Member
Probably not worth the PR hit to actually seek costs.

I bet this gets withdrawn.


Cinemark probably has no control over whether or not this goes through, this is more than likely 100% their insurance company doing this.

Insurance companies don't give a fuck about PR.
 
The problem is that tips the balance for the civil law system massively towards those who can easily eat the costs for losing a lawsuit.

Luckily, it doesn't seem like Cinemark is actually going to pursue as long as the families don't appeal.

That is likely the exact purpose of what Cinemark is doing.

If they eat the cost then the families will only continue to cost them more and more while they pay nothing until they maybe strike it rich.
 

Paz

Member
They could have just taken their win.

Now they lose my business holy shit fuck them.

Except the people who brought the frivolous suit in the first place have already said they intend to appeal and keep it going, maybe try and comprehend the situation before going full righteous indignation?
 

The Adder

Banned
Stop.

The reason I wouldn't pay them, is because bad PR is going to be worse than the 700k threat to not have them continue any more legal action. This was a national tragedy, not a roach in a mug. Its going to cause more damage to my business, than taking the hit.

So when they lose again, do you eat those costs too? Or worse yet, what if they get a particularly sympathetic jury and win the appeal.

"Stop suing us or pay us the legal fees you owe us" seems a perfectly reasonable move to me. As long as they don't go after the money if the families don't sue again.
 

Angry Grimace

Two cannibals are eating a clown. One turns to the other and says "does something taste funny to you?"
They sued the movie theater when the movie theater wasn't even vaguely responsible. That's kind of what happens.

Even in a consolidated 30 person action I'd be surprised if costs were really $700,000. The 70K mark sounded a lot more reasonable.
 
Stop.

The reason I wouldn't pay them, is because bad PR is going to be worse than the 700k threat to not have them continue any more legal action. This was a national tragedy, not a roach in a mug. Its going to cause more damage to my business, than taking the hit.

Why would I stop? I'm not wrong.

So when you eat the cost and they appeal as they currently are, you're just going to continue eating more and more cost?

Good luck keeping that business going.
 

Eidan

Member
So it looks like EmpathyGAF is on summer vacation.
GAF has always had an outsized level of empathy for corporations. It's a consequence of being a forum centered around high cost consumer electronics where people cheer and jeer corporations as if they were close friends.
 

black_13

Banned
Seems like a cash-in move when they tried to sue the theater when in reality almost no theater could've stopped an attack like that.


I bet they will settle for a much lesser amount.
 

Zaptruder

Banned
The real question is... how do you disincentivize scumbag lawyers from using tragedies as an excuse to seek money just because of mere coincedental association?

Victims families are kinda caught in the crossfire between lawyers here - forced to experience more hardship and suffering because of a rightful loss - a loss that they shouldn't have experienced but did, due to been misled by those lawyers as to the validity of their case.

... On the other hand, I guess it really depends on who initiated action. Maybe the families approached the lawyers and those same lawyers advised them against moving forwards - but they persisted anyway? In which case, it is still necessary to disincentivize frivolous lawsuits regardless of where it originated from.
 

FStop7

Banned
They sue to reclaim $700,000 in legal fees so they can proceed to piss it away (and more) in lost business and damage control.

Buncha fuckin' geniuses over there at Cinemark's legal dept.
 
I agree with the court's ruling that a theater should not be liable because a crazed gunman came in and shot people. The people's lawyers should have let them know in advance this was a possible outcome.

It's a shame the victims couldn't sue the parties that were actually at fault here: the gunman, the NRA, the legislators that refuse to pass any kind of common sense gun control, or the gun manufacturers.
 

Cromwell

Banned
GAF has always had an outsized level of empathy for corporations. It's a consequence of being a forum centered around high cost consumer electronics where people cheer and jeer corporations as if they were close friends.

Nobody is empathizing with a corporation, they're just trying to understand their perspective in this and why this is happening.
 

AirBrian

Member
Lots of people keep mentioning a "PR hit", but honestly, you think the corporation didn't do analysis on the impact of negative PR (which a lot of the time has little financial impact) vs. getting their legal fees back?
 

Angry Grimace

Two cannibals are eating a clown. One turns to the other and says "does something taste funny to you?"
There's no way they're going to lose more than 700K in business because of this. Even the average slack-jaw can figure out the theater wasn't responsible for the shooting.
 
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