A. Judge Posner writes in this decision, “Once a case gets to the jury, all bets are off.” Is he showing shockingly little faith in the jury system – especially considering his position as a judge? Or is he just being realistic?
B. Do you agree that a promise of obtaining $2 million to $4 million in endorsements is “pure fantasy and gross exaggeration” and “meaningless superlatives that no reasonable person would take seriously”? Do you think Rodriguez took it seriously?
C. Does the existence of tort doctrine in this area stifle competition by creating a cloud of possible liability when competitors fight for clients? Or does it aid competition by forcing business interests to provide information that is more accurate, thus leading to more efficient outcomes in the marketplace?
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