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Old 09-09-2013, 19:17   #1
Sam Spade
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Pima County set to settle Guerena lawsuit

Saw this in GTPI. Interesting that it' reported in Phx, but not on the wires in Pima County (Tucson) where it happened.

I understand bean counters' desire to settle things. I believe it encourages further BS suits. And since everyone else in the family who lived to go to trial has pled guilty, it's apparent to me that the .gov has a strong case against wrongful death.

http://www.kpho.com/story/23343481/p...ched-swat-raid
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Old 09-09-2013, 19:26   #2
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Government loves to enable. Especially in the land of Raul Grijalva.
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Old 09-09-2013, 19:38   #3
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It's all about the benjamins.

And yes, it will increase lawsuits and embolden folks.
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Old 09-09-2013, 23:45   #4
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So how exactly was this a "botched SWAT raid"?

If I recall the circumstances correctly you have a robbery crew with an armed suspect pointing a rifle at [what a reasonable person would know is] the cops.
Who gives a damn if the safety was on or off?

If more agencies would fight these cases rather than settle...
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Old 09-10-2013, 00:12   #5
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It's all about math. When X=the cost of paying some folks off, for even the specious claim and Y=the cost of defending, for even the most specious lawsuit, then:

X<Y=payoff
X>Y=defend the case

Government agencies seldom see beyond the end of the fiscal year when it comes to the idea of encouraging BS lawsuits.
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Old 09-10-2013, 00:14   #6
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Many agencies want to fight them. The city attorneys and risk management companies prefer to mitigate the possibility of a significant payout, no matter the mass of the evidence.
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Old 09-10-2013, 12:32   #7
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The attorneys the insurers hired always wanted to fight the idiots on their lawsuits. The insurers would balk at paying, using the formula written above.

In the end, it wasn't about preventing lawsuits. It was about mitigating costs while failing to realize that fighting would save money in the long run.
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Old 09-10-2013, 12:53   #8
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Quote:
Originally Posted by Kilrain View Post
It's all about math. When X=the cost of paying some folks off, for even the specious claim and Y=the cost of defending, for even the most specious lawsuit, then:

X<Y=payoff
X>Y=defend the case

Government agencies seldom see beyond the end of the fiscal year when it comes to the idea of encouraging BS lawsuits.
Our city used to do that until they realized a particular lawyer in town was using them as an ATM then they stopped settling. Once they did that their legal costs have dropped significantly.

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Old 09-11-2013, 10:53   #9
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Quote:
Originally Posted by CAcop View Post
Our city used to do that until they realized a particular lawyer in town was using them as an ATM then they stopped settling. Once they did that their legal costs have dropped significantly.

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This. We got hit with a couple massive, frivolous suits a few years back. One was paid out almost immediately, because they were willing to settle for something like $10k. The second one was in federal court, and they wanted millions. Within three weeks of the first one settling, we had over a dozen more filed. Fought each and every one, tooth and nail, and prevailed on all of them. Taught our insurer a thing or two about mitigating losses. If you have an agency that is sued on a regular basis, your formula might work. If you have an agency that isn't sued so frequently, settling can encourage and embolden others.
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