Matthew Garrett writes: > A use fee imposes a cost where no cost would otherwise exist. For a big > evil corporation, the difference in cost between suing me in the UK and > suing me in the US is sufficiently small that they're unlikely to worry > greatly about the amount. Even without a choice of venue clause, they > can launch a lawsuit against me and make my life miserable. They pay > slightly more, I pay slightly less.
The relative costs to a well-bankrolled plaintiff are not relevant to the DFSG. What is relevant is the relative cost or discrimination to the user, who will generally be the defendant in these cases. >> At least in the US, it is fairly cheap (<$10k, predominantly in lawyer >> fees) to have a lawsuit with improper venue dismissed, and those costs >> can often be awarded to the defendant. Even if costs are not awarded, >> the US's Federal Rules of Civil Procedure (to wit, FRCP 41(d)) can >> have the judge order the plaintiff to pay for previously dismissed >> actions before further hearing any sufficiently similar action. > > So, in fact, it might be *cheaper* for me to have the case handled in > the US than in some other jurisdictions? It may be cheaper to have a US-venued case dismissed *if venue is obviously improper*. Where the form is correct (or correctable through further filings) and there is a reasonable dispute over the facts, US courts are infamously expensive and prone to cost inflation. > (Out of interest, are there any jurisdictions where the defendant is > required to be present in a civil case, or is legal representation > acceptable everywhere?) US courts generally require the parties to be physically present at a few points: trial is the most universal, but (from my own experience) there may be a pre-trial conference where a judge orders all the parties to attend in person. It will also be cheaper for a party to fly to the court's venue to be deposed than to fly their lawyer to where they live, and no US-filed case goes to trial without depositions of all the parties. Michael Poole -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]
