Fri
Feb 23 2007
02:38 pm

Stacey X has introduced "loser pays" bill (PDF format) for civil cases. This is backdoor "tort reform" designed to protect Corporate Goliath from Victim David and his contingency lawyer.

Stormare Mackee's picture

Preventing harrassment/extortion lawsuits

Thousands of "Victim David"s in RIAA's lawsuits of intimidation and other harrassment lawsuits would applaud this legislation. Lack of "loser pays" allows the plaintiff to incur substantial costs to the defendant, only to then dismiss the lawsuit before a trial.

Joe Taylor's picture

I like this

If you sue me and loose you should have to pay my legal bills... this will put a stop to the Ward Welchels of the world (I know he is retired)

LadyVols's picture

Ward Welchels " First, Ward

Ward Welchels "

First, Ward is my X's uncle and second before he had his stroke he was both a wonderful father, great church leader and a fine golfer!

You should know WHO you are talking about before make fun of them.

The bill is bogus and everyone knows it.

KO's picture

When this country was

When this country was founded, the Founding Fathers specifically rejected the "loser pays" system that existed in England because only the wealthy had access to the courts there. Our Founding Fathers wanted to open the courthouse doors to all, whether rich or poor, so they adopted what is known as the "American system" where each party bears his or her own costs except in certain circumstances (where a contract or particular statute says otherwise). Our system was designed to make justice available to everyone, even the poor.

All of which begs the question: why does Stacey X hate America?

(link...)

Les Jones's picture

In general I think it's

In general I think it's better to leave it up to the discretion of the judge overseeing a particular case to dismiss it if he believes the case to be frivolous. Likewise to make one side pay for the other's legal bills.

It isn't a perfect system, but it's less consistently flawed than "loser pays."

www.lesjones.com

KO's picture

Les, there is already a

Les, there is already a mechanism for that to occur with "frivolous" cases in both federal and state courts.

(link...)

Les Jones's picture

Yep

That's pretty much what I was saying, though I may not have made that clear.

www.lesjones.com

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