Forum (Forum & Focus)
Dec. 6, 2008
A Loser-Pays Model Would Make the Civil Courts System a Winner
For those who hope to rein in our uniquely high rates of litigation, a “loser-pays rule” seems like a common-sense way to weed out nuisance lawsuits, writes Marie Gryphon.
FORUM COLUMN
By Marie Gryphon In almost every liberal democracy in the world except ours, the loser of a civil lawsuit must pay the winner's reasonable attorney fees. For those who hope to rein in our uniquely high rates of litigation, a "loser-pays rule" seems like a common-sense way to weed out nuisance lawsuits. But critics of loser pays worry that that the rule would bar the courthouse doors to middle class plaintiffs who can't afford to risk ...For only $95 a month (the price of 2 article purchases)
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