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Civil cases in this country are nothing but shakedowns. Since the plaintiff imposes the cost of defense as well as the amount of the suit, the defendant is out thousands of dollars, even if they win. If we made the losing plaintiff pay the defendant's legal and court fees, (loser pays) it would certainly make people think twice before filing an obviously frivolous lawsuit.

2007-01-18 11:29:01 · 2 answers · asked by Incorrectly Political 5 in Politics & Government Law & Ethics

2 answers

I agree. If the person who filed the lawsuit (plaintiff) loses then they should pay any legal fees the defendant incurred due to the lawsuit - just as when the plaintiff wins they should have there legal fees paid by the person they sued. However, I don't think that this would help the frivolous lawsuits that much. People do win "frivolous" lawsuits... We need tougher laws for filing lawsuits. That women who sued over the McDonald's hot coffee should never have been allowed to state her case to a jury, let alone win the case. People who are suing tobacco company's when a family member dies of lung cancer shouldn't be allowed near a courtroom either. Furthermore, "big business" shouldn't be forced into settlement, because of high defense costs, on cases like these either.

2007-01-18 11:39:25 · answer #1 · answered by lover_of_paints_&_quarter_horses 4 · 0 0

How about including a "losing lawyer gets no fee" provision? Why get paid for losing?

2007-01-18 11:37:16 · answer #2 · answered by blackfangz 4 · 0 1

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