A Girl Has No Name
Agree, and didn't mean to imply that with no other option than to give up 1/3 or more, someone should simply abandon all thoughts of legal redress. Apologies for writing in an unclear manner. My thoughts were on the unscrupulous few who would file suit in a 'go-through-the-motions'-type way, with no actual experience in this type of litigation, expecting a fast settlement offer from CO$.
Obviously, if, for whatever reason, CO$ didn't offer to settle in that scenario, the client would be in a very bad position -- the suit's filed, an inexperienced/unmotivated attorney's 'in charge' and the clock's ticking/game's on. Messy all the way around -- and CO$ would likely prevail. Not an outcome any reasonable person would want to see.
I've wondered about Federal vs. State suits re: allegations of fraud. In some states, treble damages are awarded to those who successfully prove such has occurred.
I believe that is the case for federal as well. And also, is this Co$ case in federal court due to diversity? Cause that could make a difference on which law is applied as well. At this point the entire complaint is a tl;dr for me.