Re:Being sued, in East Texas, for using the Google Play Stor...
by Silhouette on Wednesday June 08, 2016 @12:41PM
(#11863526)
In theory, I like the idea that the winner's legal fees are just another item in play when the judge decides how to award damages.
In effect, this is exactly what happens in most loser-pays systems. Loser-pays usually doesn't mean literally that the winner automatically gets all of their fees paid, no matter how abusive their practices during the case or how disproportionate their expenses. More often it means that the judge can award those fees and there is some sort of presumption in favour of the winner of the case not losing out financially.
Re:Being sued, in East Texas, for using the Google Play Stor...
by mikeash on Wednesday June 08, 2016 @01:14PM
(#11863815)
Then I guess either that's not what people mean when they say that the US should adopt a "loser pays" system, or they're unaware that the US already does this.
In effect, this is exactly what happens in most loser-pays systems. Loser-pays usually doesn't mean literally that the winner automatically gets all of their fees paid, no matter how abusive their practices during the case or how disproportionate their expenses. More often it means that the judge can award those fees and there is some sort of presumption in favour of the winner of the case not losing out financially.