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> Prove that competitive pressures reduce margins and unbound risk reduces investment?

Prove that any of the mechanisms you're describing are in play, in the way you claim they are. I'm sure every question you read becomes very easy when you begin from the assumption that "this is how the world works".

Show me the law that permits juries to award arbitrary damages for employment disputes creating "unbounded risk", and show me that a jury has actually done it.

> What's more fair is, obviously, working out a settlement deal where the alternative is arbitration, instead of a jury.

Ah yes, the gold standard of due process, fairness, and impartiality, enshrined in our constitution, the arbitrator. You know it's fair because of how badly the employer wants it and the fact that states are trying to make these contractual provisions illegal.




Owen Diaz suing Tesla.


The punitives in that case were capped; the law of the land is that punitive damages exceeding ten times compensatory damages are presumptively unconstitutional, and the judge in that case slashed the suggested punitives by like 90% to put them below said cap. I can assure you Tesla's legal team knew this and did not make personnel decisions under the assumption that they faced "unbounded risk".




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