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	Comments on: October 30 roundup	</title>
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	<link>https://www.overlawyered.com/2019/10/october-30-roundup-4/</link>
	<description>Chronicling the high cost of our legal system</description>
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		<title>
		By: SPO		</title>
		<link>https://www.overlawyered.com/2019/10/october-30-roundup-4/comment-page-1/#comment-356566</link>

		<dc:creator><![CDATA[SPO]]></dc:creator>
		<pubDate>Wed, 30 Oct 2019 18:52:27 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73684#comment-356566</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2019/10/october-30-roundup-4/comment-page-1/#comment-356562&quot;&gt;Hugo S. Cunningham&lt;/a&gt;.

I actually disagree.  The bottom line is that the escort participated in illegal conduct that could reasonably be foreseeable to harm the school significantly and thereby harm stakeholders (e.g., students, who reasonably rely on the school not shooting itself in the foot like this).  

Thus there is at least but for causation, and the harm isn&#039;t completely speculative---people are paying for a name brand when they plunk down all that money.  

The issue is, of course, proximate causation, and here&#039;s where it should fail.  The escorts really don&#039;t owe the students a duty.  But there are counterarguments, given that the conduct was illegal etc.  

Damnum absque injuria.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2019/10/october-30-roundup-4/comment-page-1/#comment-356562">Hugo S. Cunningham</a>.</p>
<p>I actually disagree.  The bottom line is that the escort participated in illegal conduct that could reasonably be foreseeable to harm the school significantly and thereby harm stakeholders (e.g., students, who reasonably rely on the school not shooting itself in the foot like this).  </p>
<p>Thus there is at least but for causation, and the harm isn&#8217;t completely speculative&#8212;people are paying for a name brand when they plunk down all that money.  </p>
<p>The issue is, of course, proximate causation, and here&#8217;s where it should fail.  The escorts really don&#8217;t owe the students a duty.  But there are counterarguments, given that the conduct was illegal etc.  </p>
<p>Damnum absque injuria.</p>
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		<title>
		By: Hugo S. Cunningham		</title>
		<link>https://www.overlawyered.com/2019/10/october-30-roundup-4/comment-page-1/#comment-356562</link>

		<dc:creator><![CDATA[Hugo S. Cunningham]]></dc:creator>
		<pubDate>Wed, 30 Oct 2019 14:36:36 +0000</pubDate>
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					<description><![CDATA[U of Louisville students--
I assumed they were basketball players claiming damages when the university cut back their program in response to the bad publicity, but apparently not.  They are just random students.
Abe Lincoln might have described their cause of action to be &quot;as thin as the homeopathic soup that was made by boiling the shadow of a pigeon that had starved to death.&quot;]]></description>
			<content:encoded><![CDATA[<p>U of Louisville students&#8211;<br />
I assumed they were basketball players claiming damages when the university cut back their program in response to the bad publicity, but apparently not.  They are just random students.<br />
Abe Lincoln might have described their cause of action to be &#8220;as thin as the homeopathic soup that was made by boiling the shadow of a pigeon that had starved to death.&#8221;</p>
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		<title>
		By: SPO		</title>
		<link>https://www.overlawyered.com/2019/10/october-30-roundup-4/comment-page-1/#comment-356558</link>

		<dc:creator><![CDATA[SPO]]></dc:creator>
		<pubDate>Wed, 30 Oct 2019 11:55:08 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73684#comment-356558</guid>

					<description><![CDATA[Hmmmm.  With respect to the female judge, it seems to be undisputed that the two assailants shouted at the group she was in, and she responded.  She gets to.  That&#039;s living in America, baby.  

The Indiana Supreme Court (and the prosecutors too) ought to think about any attempt to punish people who seem to have been minding their own business when set upon by others.  The story appears to be that the two men in the SUV approached the group of judges AFTER saying some to the group and getting the middle finger.  That&#039;s obviously a threatening situation.

We can tut-tut all we want about decorum or what have you, but I&#039;d prefer the government not be the arbiter of decorousness.  From these facts, it looks to me like the Indiana Supreme Court ought to be disciplining itself for these charges.  And possibly should be looking at the ticket of t prosecutor who prosecuted the judge.]]></description>
			<content:encoded><![CDATA[<p>Hmmmm.  With respect to the female judge, it seems to be undisputed that the two assailants shouted at the group she was in, and she responded.  She gets to.  That&#8217;s living in America, baby.  </p>
<p>The Indiana Supreme Court (and the prosecutors too) ought to think about any attempt to punish people who seem to have been minding their own business when set upon by others.  The story appears to be that the two men in the SUV approached the group of judges AFTER saying some to the group and getting the middle finger.  That&#8217;s obviously a threatening situation.</p>
<p>We can tut-tut all we want about decorum or what have you, but I&#8217;d prefer the government not be the arbiter of decorousness.  From these facts, it looks to me like the Indiana Supreme Court ought to be disciplining itself for these charges.  And possibly should be looking at the ticket of t prosecutor who prosecuted the judge.</p>
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