I suppose I’ll try to finish this “train” hijack so people can get back to ranting about stupid warning labels . . . .
I’ll do it by attempting to answer my own questions.
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I’m assuming that there is such a rule in Muffin’s jurisdiction, since it’s such a logical thing to have in place.
Thus, Muffin’s argument that “Sending letters admonishing the defendant to preserve evidence is nice but has no power behind it” is incorrect - sending such a letter has just as much power re: spoliation as does filing an actual complaint.
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The answer is that in most cases, it doesn’t make a damn bit of difference. Plaintiff’s class action firms file fast in hopes of being appointed lead counsel. As another poster pointed out, lead counsel = more money.
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I’m guessing that there doesn’t have to be a suit pending to get affidavits. Anyone is free to sign a sworn statement voluntarily. To compel such a statement takes time.
So Muffin’s suggestion that these affidavits are a reason to file fast doesn’t make any sense.