But one reason the plaintiffs may be pursuing a class-action suit, he said, is that when those types of suits succeed, the defendant often pays the lawyers' fees.
The bankruptcy proceeding will freeze the legal actions and force the plaintiffs to pursue their claims in bankruptcy court.
But the law recognizes that those who are not parties to the lawsuit should not be bound by its outcome, because the plaintiffs are pursuing only their own interests, and they define the parameters of the battle.
Judge William Stocks lifted the automatic stay imposed by Nifong's bankruptcy filing, and announced that the plaintiffs can pursue their lawsuit.
Judge Andre Le Grange of the Cape High Court dismissed Peacock's case with costs, but stated that the plaintiff may pursue damages for defamation against Noseweek.
John Wirenius, a lawyer for the plaintiffs, said the plaintiffs might pursue a case in state court because Judge Platt did not rule on state claims made in the lawsuit.
The majority held that the plaintiffs must pursue their claims, if at all, in individual arbitrations.
If an act is direct but unintentional, a plaintiff in Australia may pursue an action based on either negligent trespass or negligence.
David Bershad, a partner in Milberg, Weiss, Bershad, Hynes & Lerach, the other main lawyer for the plaintiffs, said the plaintiffs would pursue the company's claims against the auditors.
Instead, the plaintiff would pursue an entirely different strategy in court: asserting that a village attorney is not a public official.