Re:New Mexico is the second state to ban qualified immunity
by matsemann on Thursday April 08, 2021 @05:43AM
(#26736855)
It's not black and white. If the court takes the case in Europe, it probably has some merit. If the little guy then loses, the court will then often decide it needed to be tried and both parties will cover their own expenses.
Re:New Mexico is the second state to ban qualified immunity
by Galaxeblaffer on Thursday April 08, 2021 @05:49AM
(#26736891)
Your right.. People generally don't sue as much here in northern europe(only know the rules are like op described in Germany, Denmark, Norway and Sweeden, might be the same for all of europe) in fear of loosing, but i for one prefer it this way, much less lawsuits flying around. And also it goes both ways, as the little guy you are also less likely to be sued.
And let's be real, how often do a normal person sue big corps like the ones you mention and actually win ?
Re:New Mexico is the second state to ban qualified immunity
by Broken_Hippo on Thursday April 08, 2021 @06:01AM
(#26736959)
It is already difficult to sue large corporations in general: In other words, there is no change. People already decide not to sue many companies so they aren't financially ruined.
Obviously, the discretion of the courts hasn't been consistent nor has it always been fair. Hence, rules.
It’s probably just best to leave it to the discretion of the courts to decide whether one side pays the costs of the other. Better than legislating that the loser always pays.