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Cinemark Bills Colorado Shooting Victims 700k for Legal Fees

Posted on 6/30/16 at 2:15 pm
Posted by tduecen
Member since Nov 2006
161244 posts
Posted on 6/30/16 at 2:15 pm
LINK

quote:

Last month, a Colorado state jury officially declared that Cinemark, which is the third largest theater chain in America, is not to be held responsible for the fatal Colorado theater shooting carried out by James Holmes in 2012. Now, Cinemark is asking for all of the victims involved with the case to pay legal fees for what happened the night of July 20 nearly four years ago.


quote:

The chain is asking for $699,187.13 in legal fees and other costs, sending the bill directly to the nearly 30 plaintiffs in the case, working in consolidated action. The victims and the surviving family members of those killed are now being held responsible for these costs that have accumulated through this ordeal.


quote:

State law in Colorado allows the winning side in a civil case to seek redemption for acquired legal costs and court fees. This is true of many states throughout the U.S. Cinemark won their state case on May 19 going up against a 6-person jury. The jury delivered a unanimous verdict that stated the chain was in no way responsible for the massacre, not even partially. Thus far, Cinemark has not responded to requests for comment.


Posted by Dr RC
The Money Pit
Member since Aug 2011
58068 posts
Posted on 6/30/16 at 2:18 pm to
holy frick....

if they dont drop that shite I'm never going to a Cinemark again.
Posted by tduecen
Member since Nov 2006
161244 posts
Posted on 6/30/16 at 2:19 pm to
may be more of an OT topic but it is about movies
Posted by WG_Dawg
Hoover
Member since Jun 2004
86470 posts
Posted on 6/30/16 at 2:19 pm to
quote:

if they dont drop that shite I'm never going to a Cinemark again.


when this news hits the mainstream they are going to get so much negative backlash they'll have no choice but to drop it.
Posted by LSUTiger88
Member since Nov 2009
697 posts
Posted on 6/30/16 at 2:19 pm to
Poor judgment by Cinemark, but also poor judgment by the victims to try and sue Cinemark.
Posted by MSMHater
Houston
Member since Oct 2008
22775 posts
Posted on 6/30/16 at 2:19 pm to
I may be going to hell, but I'm fine with it. Those are costs the theater incurred through no fault of their own according to the 6 person jury.

It would be more appropriate to send it to the plaintiffs attorneys, I guess, but they would turn around and send it to the plaintiffs as well.
This post was edited on 6/30/16 at 2:20 pm
Posted by Freauxzen
Utah
Member since Feb 2006
37270 posts
Posted on 6/30/16 at 2:20 pm to
Is this one of those "they have to do it for legal" reasons or something?

If not, that's just mean. Granted, it wasn't Cinemark's fault either, but as a multimillion dollar company, just be nice and eat the cost.
Posted by Masterag
'Round Dallas
Member since Sep 2014
18805 posts
Posted on 6/30/16 at 2:20 pm to
I hate to say it, but this is deserved for sue happy people. Cinemark never claimed to protect you if a gun toting crazy person opens fire in the theatre. I feel sorry for the families of the victims, but they quite literally brought this upon themselves.

That said, unless the company is strapped for cash, they should probably drop the countersuit now that their point has been made and eat the loss.
Posted by FalseProphet
Mecca
Member since Dec 2011
11707 posts
Posted on 6/30/16 at 2:20 pm to
quote:

if they dont drop that shite I'm never going to a Cinemark again.


I'll happily go. Were they just supposed to roll over and suffer 700k in fees because they got sued?

It was a bunk legal theory that the jury clearly didn't buy.

FYI - I doubt the statute is mandatory on legal fees, but the costs likely are.
Posted by Displaced
Member since Dec 2011
32711 posts
Posted on 6/30/16 at 2:23 pm to
quote:

Poor judgment by Cinemark, but also poor judgment by the victims to try and sue Cinemark


This.
Posted by ShoeBang
Member since May 2012
19358 posts
Posted on 6/30/16 at 2:26 pm to
Cinemark was required to mount a legal defense when they were blamed for something they had no part in or no responsibility for.

I see no problem with their wanting to recoup losses that they were forced to endure.

Call it what you will but this was all one big "who can we sue?.... I know! The theater!" and it blew up in their faces.

Too bad for them and now each plaintiff owes $23k for their error.

Posted by Dr RC
The Money Pit
Member since Aug 2011
58068 posts
Posted on 6/30/16 at 2:26 pm to
quote:

I'll happily go. Were they just supposed to roll over and suffer 700k in fees because they got sued?


In this case?

Hell yes.

If this was a person doing something stupid like slipping on a pickle that sued them I'd be all for them going after legal costs.

But since it was about people getting murdered in their theater... yea.. sometimes you just need to eat the cost and move on.

$700k is not worth the PR hit they are about to take.
This post was edited on 6/30/16 at 2:30 pm
Posted by JumpingTheShark
America
Member since Nov 2012
22902 posts
Posted on 6/30/16 at 2:26 pm to
You're not going to hell. This is the result of legal proceedings. It's a tough position, but it is misleading to have a headline that simply says they're billing victims.
Posted by Eric Nies Grind Time
Atlanta GA - ITP
Member since Sep 2012
24935 posts
Posted on 6/30/16 at 2:29 pm to
quote:

$700k is not worth the PR hit they are about to take.
Posted by CharlieDay
Louisiana
Member since Jan 2016
422 posts
Posted on 6/30/16 at 2:32 pm to
You should put this in the OT.
Posted by CarRamrod
Spurbury, VT
Member since Dec 2006
57440 posts
Posted on 6/30/16 at 2:32 pm to
quote:

if they dont drop that shite I'm never going to a Cinemark again.

at first i was like that. And then i thought about it. What was this law suit? It was the people in the theater looking for an easy check from a company.

Think about it, should the theater really be blammed for a crazy person sneaking a gun in and shooting people. Some can do that at any place. The stores you visit, your place of employment, your home. Why should the theater pay these people millions of dollars.





ETA: Which it brings it down to the root of the problem, lawyers and the existing laws. The simplest ways to get rid of these frivolous law suits would be if you sue someone and lose, you automatically pay the other parties legal fees. plain and simple. No counter suit.
This post was edited on 6/30/16 at 2:35 pm
Posted by LeonPhelps
Member since May 2008
8185 posts
Posted on 6/30/16 at 2:34 pm to
It was a frivolous lawsuit to sue Cinemark. Why would the theater be responsible in that scenario? Should every business have armed guards throughout or require metal detectors at entrances and body searches? Every place would become like the TSA and it would absolutely suck.
Posted by nes2010
Member since Jun 2014
6758 posts
Posted on 6/30/16 at 2:37 pm to
If anyone should eat these costs I would say the lawyers that convinced these people to bring the lawsuit should be the ones to do it.
Posted by Indigold
Baton Rouge
Member since Sep 2013
1702 posts
Posted on 6/30/16 at 2:37 pm to
quote:

Deadline speculates that the current fees and cost filings could be a way for the chain to stop an appeal in return for dropping the financial action

Also from the article. This is kinda what I figured too.
Posted by abellsujr
New England
Member since Apr 2014
35268 posts
Posted on 6/30/16 at 2:38 pm to
It's not always necessarily the victims looking for a quick buck. A lot of the time it's money hungry lawyers feeding the victims a bunch of bull shite. They're capitalizing on people's grief. THEY should be responsible, IMO.
This post was edited on 6/30/16 at 2:42 pm
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