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Still wouldn't work. The loser wouldn't pay until the case is closed, and the company could go bankrupt in the meantime. Case in point, Gawker is widely expecte
by untog 10y ago
Still wouldn't work. The loser wouldn't pay until the case is closed, and the company could go bankrupt in the meantime. Case in point, Gawker is widely expected to have their damages reduced on appeal, but it's already too late.
- webXL 10y agoLegal fees are incredibly high right now partly because of frivolous lawsuits. Loser pays would drive down costs making bankruptcy a lot less likely. Besides, if this had been a pure 1st Amendment case, deep pockets like the ACLU could act like an insurance policy and pick up some of the day-to-day expenses, but the savings from not continuously defending yourself against frivolous lawsuits and getting reimbursed when you win would reduce the need for outside assistance.