Quote:
Originally posted by robertclasalle
No. In New Jersey, where I practice, we have statutes that protect referees from such claims. To my knowledge, many states have similar statutes, and the number is increasing. But keep in mind, that does not stop a creative lawyer from asserting a claim, even for a nuisance value. Don't forget, if there's insurance, the ground rule is (at least to some less than ethical lawyers), throw as much against the wall and see what sticks. And the insurance companies often don't want to litigate these claims because they are afraid of a renegade jury verdict. So they will settle even if the liability aspect is weak. Ask anyone who has ever been the subject of litigation, even if frivolous, and they will tell you that peace of mind has a value.
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I was able to find more than 80 citations where an official was involved in some claim - I only looked at 6 of them at all carefully, and some of those involved appeals and were sent back to lower courts.
It does happen. Your characterization of the circumstances strikes me as really right-on. Anybody can sue anybody for anything - and the nuisance factor can be awful. I buy the NASO insurance.