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Mar 30, 2023
10:41:52pm
BIG XII Coug Unemployed BIG XII advisor
Plaintiff lawyers love a loser pays system. It actually encourages frivolous lawsuits
Alaska switched to it. Cases that are clear liability but low damages the attorney runs wild putting in way more time than the case is worth, knowing the other party will have to pay. So you have attorney fees and costs that far exceed the damages.

Florida was similar to with its property damage laws so the attorney would invest way more time.and effort than the claim was worth.

ADA cases are similar. Prove a violation, and collect all your fees regardless of the damages or value of the case.

EAJA... same thing. Low damages. Government pays. Find a violation and work it up.

Class actions.... work up those hours and experts.

Loser pays encourages low dollar value cases to go to Court and each party pays encourages economic efficiency.

Loser pays would clog up the Court. Suddenly, the value of the dispute is immaterial and the winning side is fully incentived to take the matter to trial to be awarded their attorney fees.
BIG XII Coug
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njcoug
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BIG XII Coug
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Oct 13, 2007
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May 4, 2024
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