4 ms·
Loser pays laws would help this kind of bullying.
by afinlayson 9y ago
Loser pays laws would help this kind of bullying.
- supergirl 9y agowouldn't it make even more problematic? you risk not only lawyer fees but a fine too? maybe if the fine was % of assets, so the corporation risks 10% of assets if they lose, but that will never happen.
- ceejayoz 9y agoI think it'd be problematic in the grey-area cases (of which there are many). IANAL but I wouldn't mind judges being able to inflict loser-pays in egregious cases like this, though - where a big corporation knows they'll get their way because it's too expensive to fight.
- supergirl 9y agothe court is there to resolve disputes. why should it punish people for trying to settle things? the fundamental problem is the law is not mathematical (if it would be we wouldn't need lawyers) so the outcome also depends on how much resources you put in.
- ceejayoz 9y agoThere's a major difference between trying to settle things in good faith and things like https://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation https://en.wikipedia.org/wiki/Strategic_lawsuit_against_publ... suits.