Loser pays has a different trade off. If you have a case which is close on the merits (where you may well win but it isn’t certain) you may want to concede earl

Loser pays has a different trade off. If you have a case which is close on the merits (where you may well win but it isn’t certain) you may want to concede early because you are risk averse about paying BigCo’s legal fees. It isn’t a free lunch. It just shifts the pain points to a different class of cases.