> Odds of the US adopting that system? In general, not without a major change in the US attitude toward how businesses should be regulated and how individual r

> Odds of the US adopting that system? In general, not without a major change in the US attitude toward how businesses should be regulated and how individual rights protected to be more like Europe. I'll elaborate in a bit. In specific areas of law the prevailing party can win attorney fees, but offhand I can't recall any areas where it is mandatory. It's up to the court to decide. Whether that is easy or hard depends on the area of law. For example in patent law the statue says attorney fees can be awarded in exceptional cases, whereas in copyright law the statute just says it is at the discretion of the court. The problem with making loser pays apply in general in US civil suits is that the US often relies on civil suits brought by individuals to enforce rights and regulations that in Europe would be enforced by a government agency. Loser pays could discourage individuals from bringing such suits against larger more wealthy entities because a case is almost never completely open and shut.