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Old Fri Oct 12, 2012, 01:59pm
Camron Rust Camron Rust is offline
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Join Date: Aug 1999
Location: In the offseason.
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Quote:
Originally Posted by rwest View Post
Although I agree our society is way too litigious, there is still a need for civil lawsuits. An association that expels its members for exercising a constitutional right is troubling to me. Does not this trouble you or any of your members? Why have this bylaw? Assume a black official is prevented from calling varsity ball just because of his race and assume there is a paper trail (emails) that can prove this. Are you telling me you will expel him from your association if he brings a lawsuit against the association? You are basically telling your group, don't blow the whistle on us or you will be expelled. I understand wanting to prevent frivolous lawsuits, but this is throwing the baby out with the bath water.
Quote:
Originally Posted by MD Longhorn View Post
You might want to check with a lawyer (not the crummy one, someone else). I don't believe such a statute is legal. If your group has done something wrong (hypothetically), a member cannot be threatened with expulsion for suing to rectify it.
Perhaps (???) the actual wording in the bylaws only expels the person if the ruling went against them.

There are also contracts everywhere wherein a person gives up their right to sue...so this really isn't that far out there. A person doesn't have to join the organization if they don't like the Bylaws.

A lot of associations are also just small collections of people trying to cover games for the schools in their area. They're not getting rich off of it. Even just one frivolous lawsuit would destroy them and hurt everyone in the community.

Some people just like to be a pain in the neck and make stuff up in their own minds. I can see this as a way to filter out those while no real issue would be blocked by this. The courts, in a valid complaint, would likely also rule that this clause was invalid or not applicable.
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