A jury in a county court in California ( the trial court, the lowest court in a judicial hierarchy) has held Meta and YouTube liable for, what, like $6M total? I’m not a personal injury attorney, as will be quite obvious, and the way the verdict is being reported is kinda garbled. But what I’m wondering is, what are the plaintiff’s actual damages? Her injury, her suffering?
I mean, an “addiction” usually indicates there’s a physical substance toxic in itself which you can’t do without and which is actually hurting the user and probably other people, too. Amirite?
Is this really, as is being jubilantly asserted, the same thing as the lawsuits against “Big Tobacco”? What is the mental illness equivalent of lung cancer?
As for the (apparently shocking) fact that the defendant companies wanted to, and planned to, attract , and keep, users, and that young people were their most sought after demographic—
um, duh.
In our system, the jury verdict is sacred. The jury is the fact-finder in the first instance. Those good men and true were there in the trenches, on the ground floor of the case. A trial judge COULD override the verdict, enter judgment N.O.V.(notwithstanding the verdict). I don’t know offhand what the standard is for JNOV, but it doesn’t seem a possibility in this case. And generally higher courts are gonna defer to the jury’s findings.
Right now I’m watching the plaintiff’s attorney being interviewed. He’s talkin’ “accountability” He’s talkin’ “children” (oh yeah, who can argue with the “children”, just dont call ‘em “kids”, that’s…. Different vibe..)
What he didnt talk was damages.
The case has a long way to go, and when we get a judicial.opinion we’ll know more bout the theories and facts involved.
But so far, I agree with the WSJ editorial board: if this victory stands, it’s primarily a win for plaintiff’s bar.