RATIONAL LITIGATION, NOT MERELY MORE . . .

During the last week, the story of a single High School student and his laptop computer has echoed across the nation, with advocates lining up on both sides of the issue. Perhaps the most telling lineup, however, is the polarization of a large group of parents and students who do not want any class action lawsuit to go forward.

We in the Unites States are known to have one of the most litigious societies in the world and, in the past, I have commented that this is not always a bad thing. I would rather be sued by someone who is angry at me than shot (the frequent result in countries where people have no access to the courts).  The reaction of the parents in this case, has given me pause, however. Perhaps we are coming out of the other end of the litigation tunnel.

Some lawsuits are mandatory, some are needed, and some are just window dressing, but some simply need not be brought. That, in a nutshell is the thinking of the parent group opposing the class action lawsuit. We know the school district did things wrong, and they need to be stopped; in fact they have stopped and the people involved are now on administrative leave until the facts are sorted out. One thing is clear, though; the parents in the high ranking, affluent Lower Merion school district have realized a truth – if a class action lawsuit were to be settled in their favor, they would have to take the money from one pocket (taxes) to pay it to another (their settlement or award), with a great deal of the money going to attorneys’ fees.

I commend them on their choice – fix the problem and make sure it doesn’t happen again. Let’s be clear; a student and his family were wronged, and they disserve their day in court. If they prove damages, they disserve to be compensated. More to the point, government agencies, like school districts must be made to realize that they are not above the law, become less authoritarian, and remember that the 4^th Amendment applies to them. On the other hand, legitimate, well meaning errors need not occupy a court’s time and more of the taxpayers’ money. We need rational litigation in this country , not merely more.

To the parents opposing the class action; WELL DONE.!