Liz, as you said, litigation should always be the last alternative whenever
someone has been treated wrong by another person or corporation. Of course,
settling a matter cooperatively usually ends up as a better result for all
the parties. However, oftentimes that is not possible because both parties
believe they are correct and will not budge from their position. I would
never file a lawsuit without attempting to obtain a cooperative resolution
first. I am, however, not adverse to litigation if I cannot obtain a
resolution that is favorable. Usually I can. Without the credible threat
of a lawsuit though, the other party may refuse to resolve the matter
amicably.
Regarding the Nevada case specifically, we are at the very beginning stages.
The first step is to find local counsel who can file papers if necessary.
We hope that it won't be - that the offendor will be willing to resolve this
matter in an acceptable manner. However, we can't make a realistic threat
of litigation without local counsel. And, this is not an employment case,
it is a breastfeeding in public case. Mom was told she could not feed her
baby in a restaurant where mothers and babies are permitted to be.
I would love it if every mother had a voice and could speak up for her
rights, and complain about how she was treated, and be persistent and
educate the wrongdoer and walk away feeling good about the event. If that
was the case, I could focus solely on my Trusts and Estates practice, for
which I get paid, and make a lot more money. However, that is not the case,
too many women do not have a voice and if they do, don't know how to use it
effectively or do not pose enough of a threat, and it is not until a lawyer
gets involved that the person who violated her rights sees the error of his
or her ways. I see it as my obligation to use my legal education to provide
a voice for those who otherwise would not have one and to help women who do
have a voice, but are not sure how to use it effectively, to learn how.
That is why I represent women whose rights have been violated and that is
why I counsel breastfeeding coalitions and task forces.
Alexis Martin Neely, Esq.
Munger, Tolles & Olson LLP
Los Angeles, CA
213-683-9220
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