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Re:'Right to roam' movement fights to give the commons back ... by arethuza on Wednesday May 22, 2024 @11:37AM (#40442287)
The other major downside of loser pays is that it makes litigation very difficult to stop once it starts - and lawyers, funnily enough, will always say that you have an excellent case encouraging people to start litigation....
Re:'Right to roam' movement fights to give the commons back ... by SoftTalker on Wednesday May 22, 2024 @12:25PM (#40442811)
A good lawyer will not take a case that you are very likely to lose, and he will advise you that you have no case. I believe a judge can also admonish or censure a lawyer who brings a frivilous claim into court? Not sure how often that happens.
Re:'Right to roam' movement fights to give the commons back ... by anticensor on Thursday May 23, 2024 @01:30AM (#40450802)
In most implementations of loser pays, both parties pay upfront and then the winner gets refunded the fees.
Re:'Right to roam' movement fights to give the commons back ... by bluGill on Thursday May 23, 2024 @08:15PM (#40461500)
last case I heard numbers on the lawers fees were $500000. This for a case where it was clear they would lose (3 different parties were sued and the nobody could figure out how to split the $100000 loss- that is one party spent 5x the total judgement)