3 ms·
The United States desperately needs loser pays[1] to make it worthwhile to fight frivolous lawsuits, particularly class actions. [1] https://en.wikipedia.org/w
by efitz 4y ago
The United States desperately needs loser pays[1] to make it worthwhile to fight frivolous lawsuits, particularly class actions.
[1] https://en.wikipedia.org/wiki/English_rule_%28attorney%27s_fees%29 https://en.wikipedia.org/wiki/English_rule_%28attorney%27s_f...
- alistairSH 4y agoThat would simply ensure that class actions almost completely cease to exist. And poor people (by which I mean anybody with less means than your average mega-corp) don’t have access to civil remedies in the US.
- xyzzyz 4y agoThey would sure decrease in frequency (which is the whole point), but they would not disappear: if the legal case is good, the law companies would still take them on contingency. If the law company thinks their case is so weak that they might end up paying the defendant’a cost, good.
- alasdair_ 4y agoIf the chance of winning at trial is, say, 75%, It’s extremely likely the suit will be backed by investors, since if you back hundreds of suits, the impact of being unlucky goes away. There are many hedge funds, public equity firms etc. with easily as many resources as an average mega-corp.
- colejohnson66 4y agoIn addition to what alistairSH said, the US already has remedies for lawyer fees. If the judge feels your lawsuit is frivolous, they can award “fees” in addition to damages to the other party.