Coming after Diaz v Tesla [1] where Tesla was found guilty of racial harassment and discrimination in that same Fremont, California plant (as can be seen here on page 3-11 [2]) to a degree that the jury deemed it worthy of a $136.9 million award, the single largest award in a race harassment case in American history [2]. That award was later reduced for procedural reasons as it was beyond the maximum limit the law allows. And further reduced in a subsequent trial evaluating direct damages due to emotional distress and loss of work which, as a matter of law, restricted the maximum allowable punitive damages. Despite that, the jury found it necessary to award punitive damages in excess of the standard maximum of 9:1 [4] which was upheld by the courts as, in the words of the judge: "Tesla’s conduct was reprehensible and repeated"[5] and as such the award in excess of standard maximums was "appropriate in light of the endemic racism at the Tesla factory and Tesla’s repeated failure to rectify it"[6].
fake damage rewards are designed to benefit corps so they can cause public outrage in their favor while in reality paying a small fraction due to payout limitations.
American civil courts having juries for no good reason is the issue. Nobody anywhere else in the world still uses juries for civil trials and for this sort of reason.
Damages are compensatory. Allowing a jury to pluck 9-digit numbers from thin air to be reduced later is stupid.
No,compensatory damages are compensatory. Statutory and exemplary/punitive damages are not compensatory
> Allowing a jury to pluck 9-digit numbers from thin air to be reduced later is stupid.
tory.
Juries aren't allowed to pick numbers out of the air; on compensatory damages, as the finder of fact, the jury performs the same function as a criminal jury, it determines what facts were proven to the required standard, including the amount of harm proven.
I was on a civil jury a while ago and it was pretty eye opening how the process actually works. I'd say about half of the court time was dedicated to arguments about proving specific damages and ultimately the result was that the jury found in favor of the plaintiff but awarded a much lower damage amount than they were asking for specifically because they failed to prove that amount of harm. The idea of juries plucking random numbers of out thin air doesn't even remotely match my experience, or reality based on conversations I've had with lawyers I know.
> Allowing a jury to pluck 9-digit numbers from thin air to be reduced later is stupid.
That's not how civil jury trials work. Not only are juries specifically instructed that they can't just make up damages numbers, but a significant amount of the courtroom time will be dedicated to both sides presenting arguments for specific damage amounts with detailed justifications, expert witnesses, etc. I'm not saying trials never result in wonky damages amounts, but the idea that juries generally just randomly pick the biggest number they can think of is largely a media created fiction.
A decade ago, citing sources in an online debate was considered normal. I think we should bring that back. If you cite sources, it's harder to lie, and you have to do at least a little bit of research before posting. It leads to much better discourse, IMO.
Why should Tesla be responsible for what its employee allegedly said? How ridiculous.
And why would someone be entitled to monetary compensation because someone said "welcome to the plantation"? What happened to "sticks and stones may break my bones but words will never hurt me"? When did people become so psychologically weak? And what is the loss that is being compensated?
EDIT: Can people please stop downvoting comments they disagree with? If you disagree with someone, upvote them and have a fucking conversation. Downvoting and flagging is NOT for disagreement.
I assume Tesla doesn't have to settle if there is no basis for the claim, if it does not violate any law, or it is not afraid of internal documents revealed about this in discovery. And Tesla has the money and hires lawyers for dragging an ordinary employee into deep lawsuits. If they care enough about what's "right" and the facts, they would prove that in court.
The mere fact that there is a settlement says something to me.
Er, you should reread the quote: "We will never surrender/settle an unjust case against us". He just settled. That means it must have been a just case.
That or he is a hypocritical self-aggrandizing liar when he claims the Fremont factory is not abhorrently and pervasively racist.
If he sought victory, then he believed it was a just case and would not settle. If he settled, then he believed it was a unjust case and would not fight. If such a person settles and fights then they are acting in two contradictory ways which is called hypocrisy.
Given that they clearly settled we must either believe they are acting consistently and thus believe the case to be just. Or they both settled and fought (or believe the case to be unjust) which means they are acting inconsistently and are thus hypocrites.
I gotta admit, in your grandparent post I responded after reading only your first paragraph, having the "Or"-clause in a separate paragraph made it sound like you were using logic to be very charitable.
I guess after this lesson of logic I need to take a lesson in proper reading, and you perhaps need one for writing.
Lots of companies settle frivolous claims. But even if this is a real claim based on some real law, what I said remains true: there shouldn't be. It should not be Tesla's responsibility if its employee says something racist, and being racist shouldn't be actionable.
Freedom of speech is a cornerstone of a free society. If you don't like what someone said, ignore it. If you don't want to ignore it, then leave. Walk away. Get a different job. You are not morally entitled to be compensated because you have sustained no loss. There is nothing to compensate. There is no legal wrong and no moral wrong. It is just insulting words. Insults cannot cause any harm to a person.
Coming after Diaz v Tesla [1] where Tesla was found guilty of racial harassment and discrimination in that same Fremont, California plant (as can be seen here on page 3-11 [2]) to a degree that the jury deemed it worthy of a $136.9 million award, the single largest award in a race harassment case in American history [2]. That award was later reduced for procedural reasons as it was beyond the maximum limit the law allows. And further reduced in a subsequent trial evaluating direct damages due to emotional distress and loss of work which, as a matter of law, restricted the maximum allowable punitive damages. Despite that, the jury found it necessary to award punitive damages in excess of the standard maximum of 9:1 [4] which was upheld by the courts as, in the words of the judge: "Tesla’s conduct was reprehensible and repeated"[5] and as such the award in excess of standard maximums was "appropriate in light of the endemic racism at the Tesla factory and Tesla’s repeated failure to rectify it"[6].
[1] https://www.govinfo.gov/app/details/USCOURTS-cand-3_17-cv-06...
[2] https://www.govinfo.gov/content/pkg/USCOURTS-cand-3_17-cv-06...
[3] https://www.civilrightsca.com/key-verdicts/diaz-v-tesla-race...
[4] https://en.wikipedia.org/wiki/State_Farm_Mutual_Automobile_I...
[5] https://www.govinfo.gov/content/pkg/USCOURTS-cand-3_17-cv-06... Page 29
[6] https://www.govinfo.gov/content/pkg/USCOURTS-cand-3_17-cv-06... Page 1 End of Paragraph 1.
fake damage rewards are designed to benefit corps so they can cause public outrage in their favor while in reality paying a small fraction due to payout limitations.
What a ridiculous conspiracy theory.
American civil courts having juries for no good reason is the issue. Nobody anywhere else in the world still uses juries for civil trials and for this sort of reason.
Damages are compensatory. Allowing a jury to pluck 9-digit numbers from thin air to be reduced later is stupid.
> Damages are compensatory.
No,compensatory damages are compensatory. Statutory and exemplary/punitive damages are not compensatory
> Allowing a jury to pluck 9-digit numbers from thin air to be reduced later is stupid. tory.
Juries aren't allowed to pick numbers out of the air; on compensatory damages, as the finder of fact, the jury performs the same function as a criminal jury, it determines what facts were proven to the required standard, including the amount of harm proven.
I was on a civil jury a while ago and it was pretty eye opening how the process actually works. I'd say about half of the court time was dedicated to arguments about proving specific damages and ultimately the result was that the jury found in favor of the plaintiff but awarded a much lower damage amount than they were asking for specifically because they failed to prove that amount of harm. The idea of juries plucking random numbers of out thin air doesn't even remotely match my experience, or reality based on conversations I've had with lawyers I know.
> Allowing a jury to pluck 9-digit numbers from thin air to be reduced later is stupid.
That's not how civil jury trials work. Not only are juries specifically instructed that they can't just make up damages numbers, but a significant amount of the courtroom time will be dedicated to both sides presenting arguments for specific damage amounts with detailed justifications, expert witnesses, etc. I'm not saying trials never result in wonky damages amounts, but the idea that juries generally just randomly pick the biggest number they can think of is largely a media created fiction.
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A decade ago, citing sources in an online debate was considered normal. I think we should bring that back. If you cite sources, it's harder to lie, and you have to do at least a little bit of research before posting. It leads to much better discourse, IMO.
do you dispute these things happened?
So let's say it's an organized campaign. So what? Are they stating the facts? If so, does it matter?
Welcome to the slave house is far more egregious than welcome to the plantation. Not sure why they chose the latter for the headline of the article.
Why should Tesla be responsible for what its employee allegedly said? How ridiculous.
And why would someone be entitled to monetary compensation because someone said "welcome to the plantation"? What happened to "sticks and stones may break my bones but words will never hurt me"? When did people become so psychologically weak? And what is the loss that is being compensated?
EDIT: Can people please stop downvoting comments they disagree with? If you disagree with someone, upvote them and have a fucking conversation. Downvoting and flagging is NOT for disagreement.
I assume Tesla doesn't have to settle if there is no basis for the claim, if it does not violate any law, or it is not afraid of internal documents revealed about this in discovery. And Tesla has the money and hires lawyers for dragging an ordinary employee into deep lawsuits. If they care enough about what's "right" and the facts, they would prove that in court.
The mere fact that there is a settlement says something to me.
You do not need to assume, here is Elon Musk talking about his lawsuit philosophy:
"My commitment:
- We will never seek victory in a just case against us, even if we will probably win.
- We will never surrender/settle an unjust case against us, even if we will probably lose."[1]
[1] https://x.com/elonmusk/status/1527749734668050433
How much weight do you think the words of a notoriously vindictive self-aggrandizing liar should carry?
Er, you should reread the quote: "We will never surrender/settle an unjust case against us". He just settled. That means it must have been a just case.
That or he is a hypocritical self-aggrandizing liar when he claims the Fremont factory is not abhorrently and pervasively racist.
How charitable of an interpretation. It has the air of "I only have consensual sex. We had sex, therefore it must have been consensual"...
But did he instruct them before to seek victory? If he did, then your set of tautologies just contradicted themselves...
If he sought victory, then he believed it was a just case and would not settle. If he settled, then he believed it was a unjust case and would not fight. If such a person settles and fights then they are acting in two contradictory ways which is called hypocrisy.
Given that they clearly settled we must either believe they are acting consistently and thus believe the case to be just. Or they both settled and fought (or believe the case to be unjust) which means they are acting inconsistently and are thus hypocrites.
That concludes my lesson in elementary logic.
I gotta admit, in your grandparent post I responded after reading only your first paragraph, having the "Or"-clause in a separate paragraph made it sound like you were using logic to be very charitable.
I guess after this lesson of logic I need to take a lesson in proper reading, and you perhaps need one for writing.
Lots of companies settle frivolous claims. But even if this is a real claim based on some real law, what I said remains true: there shouldn't be. It should not be Tesla's responsibility if its employee says something racist, and being racist shouldn't be actionable.
Freedom of speech is a cornerstone of a free society. If you don't like what someone said, ignore it. If you don't want to ignore it, then leave. Walk away. Get a different job. You are not morally entitled to be compensated because you have sustained no loss. There is nothing to compensate. There is no legal wrong and no moral wrong. It is just insulting words. Insults cannot cause any harm to a person.
Words can punch down hard, especially when backed by centuries of systemic racism
Who working at Tesla can speak with the force of a punch?
Nobody. Words cannot "punch" in any direction. Don't abuse language to try to conflate words with violence. Violence is physical. Words are harmless.
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"vandalize Teslas" hey cmon i just keep Kraft cheese singles in my car for a nice snack on the go
I am a messy eater tho