Re:The Mystery of Richard Posner
by cogman10 on Sunday January 22, 2023 @03:38PM
(#34481974)
This wouldn't prevent all cases, for sure. Especially cases where there's some merit to the claim. However, for cases where it's 90:10 or 99:1, it'll stop those cases. In those obvious cases it wouldn't surprise me to see more law firms lining up to take the case on a contingency basis. It's easy money and the person that'll pay them is the rich litigant.
The real problem, IMO, is this will disincentivize meritorious lawsuits from poorer people against the wealthy. Perhaps that could be fixed by narrowing the scope of "loser pays" to cases like defamation and libel.
The real problem, IMO, is this will disincentivize meritorious lawsuits from poorer people against the wealthy. Perhaps that could be fixed by narrowing the scope of "loser pays" to cases like defamation and libel.