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<blockquote data-quote="Goobermunch" data-source="post: 1030900" data-attributes="member: 10516">So, Emiricol, you want someone to disprove your points, I’ll take a crack.First things first, under the Federal Rules of Civil Procedure, Rule 11, any attorney who signs a complaint makes a continuing certification that they believe that all papers, pleadings, and motions are not for an improper purpose and have sound support in fact an law.In short, this case would never be filed.&nbsp; It would never be filed because there is no basis in contract or tort law for a suit.&nbsp; Your suit wouldn’t sound in contract because you can’t prove the terms of a contract.&nbsp; The setting search is too vague to constitute an offer.&nbsp; Furthermore, even if you did manage to assert that there was a contract, WotC reserved the right to make the decision based on personal taste.&nbsp; As long as the selection committee didn’t act in bad faith (by rigging the contest), no court would find breach.As for punitive damages, they’re not available in contract cases.&nbsp; If you want to go down the road to tort damages, you’re going to have an even harder time of it.&nbsp; You’ll have to show some kind of personal injury, even for a fraud claim.&nbsp; Good luck there, because one of the elements your plaintiff will need to prove is that but-for WotC’s alleged misrepresentation, they would have won the contest.&nbsp; I doubt you’ll have any luck on that front.Oh, and finally, bringing a case purely for the purpose of harassment is a violation of the professional rules of conduct.&nbsp; It’s the kind of thing that can cost you your license.As for your non-legal points, I'll go back and start refuting them now.--G</blockquote>

[QUOTE="Goobermunch, post: 1030900, member: 10516"] So, Emiricol, you want someone to disprove your points, I’ll take a crack. First things first, under the Federal Rules of Civil Procedure, Rule 11, any attorney who signs a complaint makes a continuing certification that they believe that all papers, pleadings, and motions are not for an improper purpose and have sound support in fact an law. In short, this case would never be filed. It would never be filed because there is no basis in contract or tort law for a suit. Your suit wouldn’t sound in contract because you can’t prove the terms of a contract. The setting search is too vague to constitute an offer. Furthermore, even if you did manage to assert that there was a contract, WotC reserved the right to make the decision based on personal taste. As long as the selection committee didn’t act in bad faith (by rigging the contest), no court would find breach. As for punitive damages, they’re not available in contract cases. If you want to go down the road to tort damages, you’re going to have an even harder time of it. You’ll have to show some kind of personal injury, even for a fraud claim. Good luck there, because one of the elements your plaintiff will need to prove is that but-for WotC’s alleged misrepresentation, they would have won the contest. I doubt you’ll have any luck on that front. Oh, and finally, bringing a case purely for the purpose of harassment is a violation of the professional rules of conduct. It’s the kind of thing that can cost you your license. As for your non-legal points, I'll go back and start refuting them now. --G [/QUOTE]

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