Quote:
Originally Posted by Kevin
The fear of lawsuits is somewhat overblown. While lawsuits get a lot of attention, actually winning these lawsuits, at least against the national fraternity or individual chapter isn't easy to do. Courts are more often than not in these cases finding that the national organization and chapter cannot be held responsible for the illegal acts of individuals who happen to be members.
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True but . . .
The lawsuits still have to be defended, and the GLOs have to deal with the publicity attendant to them. As you said, lawsuits get lots of attention; the fact that plaintiffs lost often doesn't get as much attention. Settlement, even if it's a wise move from a (litigation) risk-management standpoint, can carry the perception of admitting some responsibility. And the risk of litigation can carry consequences insurance-wise for everyone.
So, while the fear of a bad verdict may be somewhat overblown—though juries are unpredictable creatures—fear of the tangible and intangible costs of lawsuits isn't as overblown.