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This is an appealing idea at first glance, but it really doesn't accomplish anything for plaintiffs represented on contigency. They get charged nothing if you t
by vannevar 15y ago
This is an appealing idea at first glance, but it really doesn't accomplish anything for plaintiffs represented on contigency. They get charged nothing if you take the rule literally, and if you use the plaintiff's attorney's costs they could often be as high as the defense costs. The rule still punishes indigent plaintiffs who bring lawsuits in good faith to litigate genuine disputes.
- leot 15y agoI think powerful plaintiffs frivolously suing indigent ones is far more common than the other way around, and a much bigger problem. Without some kind of loser-pays it's always possible for wealthier individuals to sue poorer ones and win a war of attrition.
- vannevar 15y agoArtful trolling. Well played...