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Wednesday, July 18, 2012

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Response to CRB: there is nothing inherently wrong with warning a prospective defendant of an intent to sue. Sometimes people are able to work out their differences short of litigation. The problem here is that the threatened lawsuit was baseless.

In fact, in some legal regimes the parties are required to try processes short of litigation. For example, in the labor area where I used to practice actively, a union member often has to exhaust intra-union remedies before bringing a union democracy claim to court. Representing union reformers, I was often able use that process effectively to get the union's own lawyers to read their client the riot act and get them to conform to the law.

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