doogie,
In short, yes, in my opinion his arguments are grossly flawed. If I am ever being taken to court for tort claims I hope he's across the aisle.
BIG NEWS Reply: Cliff's Notes Version
I can't believe an attorney wrote that. Worse still, did so pretending that his opinion had merit. Not for nothing, but I have had personal experience with the wrecked car analogy he used, and his theory of what is required is cracked to the core. Especially his expert reasoning that the context of "recklessness" in tort law has anything to do with HOW information is communicated rather than its unheeded potentially adverse consequences.
Then he proceeds to make an incredibly compelling case for why this will probably work, seemingly without realizing that's what he is doing. He compares it to the lemon laws. Misrepresentation of facts leading to contract is tortuous, whether economic harm is incurred or not, despite Eduardo's claim to the contrary.
Later in the thread, he states: "most JWs DO NOT READ THE BLOOD BROCHURE ANYMORE because it is out of date." An odd statement considering JWs are encouraged to do just that in the DECEMBER 2005 KM.
I don't know what he's playing at exactly, but it isn't fair presentation of the merits of this opinion, that's for sure.
I think Kimberlee Norris might be willing to help with a layman's breakdown. Lord knows it would help a lot to have a lawyer's perspective.
AuldSoul