1- Be aware that there has been a long time effort by the big corps to convince you that they are the victims of these frivolous suits when legitimate suits far outweigh them. How about if we made it so that if the courts ultimately rule that a suit was frivolous, that then the loser would pay. But not just because they lost.
2- And instead of loser pay, how about a proportion of assets approach. If I run up a quarter-million dollar legal bill trying to get help for my child because a vaccine seemed the cause of his autism and I am unable to convince a jury that it is so does not mean that I am wrong. But I am still broke since that represents about five years of my income. So, how about if I do convince the jury, then Big Pharm pays out five years of their income?
3- Finally, the US legal system is indeed messy, but the concept of everyone having a lawyer as a hired-gun is not all bad. Anne Frobert has told me of some horrendous actions by French doctors that would never happen in the US for the sole reason that there would be attorneys all over it because they stand to receive a cut. It levels the playing field.
Of course, we could emulate China and take the greedy CEO out and put a bullet in his head.
Quote:
Originally Posted by lurkingforacure
Yes, it's touchy. But if the US would go to a loser-pay system, where you have to pay the defense's costs if you lost, would go a LONG way to eliminating a LOT of the frivolous suits. I understand the problem, with many thinking someone should pay, and pay dearly (indeed, they should never have to work again!) if they so much as stub a toe on a sidewalk, yet left unchecked, we all know where that would lead.
But with loser pay, well, now, they can still have their day in court, they just have to be willing to put their money where their mouth is, up front. I even think perhaps the lawyer filing the suit should maybe have to chip in for those potential defense costs in the event he loses the lawsuit, it would really make that lawyer think a lot more carefully about the merits of his/her case before he/she filed it. Germany has this system and it has apparently been very successful in cutting down on the frivolous lawsuits. One frivolous lawsuit, and most small businesses here in the US are out of business.
Of course, I can't see this ever happening, what with the law schools graduating thousands upon thousands of lawyers every year with no end in sight. I guess that's no different, though, than the medical schools pumping out thousands upon thousands of doctors every year, though, huh?
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