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Re:Tesla, Musk must face shareholder lawsuit over going-priv... by thaumasiotes on Wednesday April 15, 2020 @06:52PM (#22884102)
It's not that it's unjust; a shareholder lawsuit is conceptually incoherent.

The idea is that, in your capacity as owner of the company, you sue the company for screwing you over, and it pays a fine to you. But that makes you worse off, because it makes the company worse off, and you own the company.

In the best case scenario, where the suit is costless and 100% of the fine goes to shareholders, the shareholders come out of the suit no worse off -- and no better off -- than they were before they sued.

In any other scenario, they come out worse off.

Imagine that I accidentally hammer my thumb and sue my hammer for the injury. I find it guilty and have it destroyed. How did my situation improve? All that happened is that I'm down a hammer.

Re:Tesla, Musk must face shareholder lawsuit over going-priv... by gamblor956 on Wednesday April 15, 2020 @07:50PM (#22884561)
Shareholder lawsuits make sense, because the shareholder is seeking redress from a specific harm to them caused by the company. The long-term effect this may have on the company is irrelevant to the suit, especially for publicly-traded companies where individual shareholder ownership is so small as to be immaterial at a per-shareholder level.

Imagine that I accidentally hammer my thumb and sue my hammer for the injury. I find it guilty and have it destroyed. How did my situation improve? All that happened is that I'm down a hammer.

Your hammer is literally just an extension of you so you are just suing yourself. A company is not just an extension of its shareholders. In fact, the whole point of the corporate form is that the business is separate from its shareholders legally, financially, and for all purposes (except for some reason First Amendment rights).

Re:Tesla, Musk must face shareholder lawsuit over going-priv... by thaumasiotes on Wednesday April 15, 2020 @08:58PM (#22885021)
> because the shareholder is seeking redress from a specific harm to them caused by the company

Specifically, the harm they're seeking redress from is a drop in the value of their stock.

And the redress they are seeking is also a drop in the value of their stock.

This is the conceptual problem. Shareholders have not suffered any harm that can conceivably be redressed by a shareholder lawsuit. The only possible effect of the lawsuit is to hurt the shareholders even more than they were hurt before.

Re:Tesla, Musk must face shareholder lawsuit over going-priv... by gamblor956 on Wednesday April 15, 2020 @09:47PM (#22885266)
Shareholder lawsuits only hurt shareholders at the time of the lawsuit.

They can be filed by shareholders who were harmed by prior corporate account. Not sure for this concept is so hard for people to understand.

TLDR we're taking about different groups of shareholders.

Re:Tesla, Musk must face shareholder lawsuit over going-priv... by catalogia on Wednesday April 15, 2020 @08:34PM (#22884851)
It's shameful that you've been downvoted across this thread for talking sense.
Re:Tesla, Musk must face shareholder lawsuit over going-priv... by projektfu on Thursday April 16, 2020 @12:24AM (#22886024)
It’s HN. The same anti-discussion dynamics work here as elsewhere.
Re:Tesla, Musk must face shareholder lawsuit over going-priv... by xkjkls on Thursday April 16, 2020 @03:24PM (#22892564)
The point of these lawsuits is not only for the given civil case, but also for future situations like it. There's a reason for punitive damages.
Re:Tesla, Musk must face shareholder lawsuit over going-priv... by boznz on Wednesday April 15, 2020 @07:29PM (#22884382)
Buy $100 in shares, and also short it by $100M and I am sure you will come out of this just fine I'm guessing