The Soapbox

Hoepner

Joined: 08/17/2015 Posts: 438
Likes: 288


This whole thread was a joke but some people are taking it a little too


Seriously.

But your response brings up an actual interesting point so I will give it a real answer. Are you right about the lawsuits?

There has been a lot of literature written recently whether you can sue Equifax (or other large organizations) due to forced arbitration clauses that restrict class action status or other contractual waivers of liability. When corporations get large enough so that you have to deal with them (like Equifax or Comcast), you will likely have waived your litigation rights in the contract. So if you are arguing that litigation keeps large corporations in line, I am not convinced because suits won't actually be brought or can't be brought. If you really do believe in the power of litigation, then you should strictly construe waivers of liability and support class action.

For the government, you can still sue under the FEderal Tort Claims Act which waives some sovereign immunity. I know enough about that area of the law to know it is complicated, so I don't know whether the OPM hack or the Colorado River incidents are included. It is also different depending on the level of government. Cities are sued all of the time (recent cases are wrongful death claims from police shootings and all the money Joe Arapaio caused his county to pay out). So while its complicated, it is wrong to think you can't sue the government.

And even if you can't sue the government, there is another remedy: the ballot box.

But I generally agree with you about the problem of bigness. It is not really a government vs private sector problem. The problem is when either gets too big

(In response to this post by ConnHoo)

Posted: 09/10/2017 at 10:48PM



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Current Thread:
  ^this^ ** -- HokieDan95 09/11/2017 09:51AM
  No, it was a troll post. -- Faz d. Hoo 09/11/2017 08:09AM
  Umm, if it was a joke -- hoothat 09/11/2017 02:10AM
  2AM. 2AM. 2AM. 2AM. -- Hoepner 09/11/2017 6:41PM
  Good question, let's ask the DNC. ** -- Cold Hoober Hoo 09/10/2017 7:25PM
  Epa and Colorado river ** -- HokieDan95 09/10/2017 9:34PM
  Hillary was a REALLY bad candidate. ** -- ConnHoo 09/11/2017 2:39PM
  Only one living man really knows... -- ConnHoo 09/10/2017 10:19PM
  He probably wouldnt know either ** -- KCHoo 09/11/2017 4:53PM
  Anyone else who knew has been offed by Killary ** -- ryno hoo 09/11/2017 11:57AM
  Don't think meat, it only hurts the team. ** -- Cold Hoober Hoo 09/10/2017 8:50PM
  OPM let the Chinese get my SF-86 ** -- 757 09/10/2017 7:17PM
  Yeah, that's it... -- hoothat 09/10/2017 9:18PM
  I absolutely did not say that. -- hoothat 09/10/2017 10:17PM
  What? WTF are you talking about? ** -- hoothat 09/11/2017 01:14AM
  He plays troll games ** -- HokieDan95 09/11/2017 08:58AM
  Poorly ** -- hoothat 09/11/2017 11:06AM
  Boredom? ** -- hoothat 09/11/2017 9:15PM
  You are the one defending the CO. ** -- Hoepner 09/10/2017 8:33PM
  He was? ** -- hoothat 09/10/2017 9:32PM
  Isn't Equifax a CO? ** -- Hoepner 09/10/2017 9:52PM
  And? Where was the defense? -- hoothat 09/10/2017 9:54PM
  And where was the poor logic? -- Hoepner 09/10/2017 9:58PM
  The poor logic -- hoothat 09/10/2017 10:16PM
  Link provided. -- hoothat 09/11/2017 01:12AM
  Where did I say GOVCO did it better? -- Hoepner 09/11/2017 07:33AM
  Umm, Ok. -- hoothat 09/11/2017 10:57AM
  My god man, in this very thread. -- hoothat 09/11/2017 9:18PM
  Equifax only gave up my information -- 757 09/10/2017 8:23PM
  Exactly. ** -- hoothat 09/10/2017 7:28PM
  Yes, the GOV has never had this problem... ** -- hoothat 09/10/2017 7:11PM

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