Discussion in 'Law and Justice System' started by chanel, Jun 4, 2011.
A roundhouse kick to frivolous lawsuit « Hot Air
deeper pockets will find a way to turn any good intent on it's ear Chanel......
True. But isn't that how our justice system works now?
We have been victims of two frivolous lawsuits. One was dismissed and one is pending. In the first suit, our insurance co. just wanted to settle. My husband would not agree, and sure enough, the liar/plaintiff never showed up at court.
In the pending case, we got swept up in one of those "sue everybody" situations. Even the plaintiff apologized to my husband, but said it was her lawyer's strategy. Perhaps we should countersue the lawyer.
This could be a model for the entire country. We can no longer trust our judges to throw out the bullshit. It's a shame that they've become part of the problem. But then again, they are lawyers too. Just like most of our politicians.
Since most frivolous law suits are filed by broke dumb-asses, I like the idea of the court costs being paid by the attorney who files the losing suit. Perhaps they'd be pickier about which clients they represent.
What about frivolous criminal prosecution? or is this just for business?
I think the plaintiff should get 1 or 2 free losses in a lifetime because when someone screws you bad enough you may not have the resources to fight back. It would also be unjust to the poor. We need to crack down on the ones who constantly file BS lawsuits hoping to hit the jackpot. After 2 losses the loser pays.
'Loser Pays' Reform a Win for Texas Small Business? | Reuters
"Loser pays" has been with us a long time. Whenever you sign a contract, read the fine print. Almost all contracts have a loser pays clause in them which provides that if there is any litigation over the performance of the contract, loser pays the winner's attorney's fees and court costs.
As I read this, the only person who can be adversely affected by it is the plaintiff. What about the defendant? Suppose someone brings a (brace yourselves, conservatives) meritorious lawsuit and WINS. Does the defendant have to pay the plaintiff's attorney's fees and costs of suit? Golly, I didn't read that anywhere in this new law down there in TX.
So what this looks like to me is simply another attack on negligence litigation by those who are opposed to negligence litigation, i.e., Republicans.
Separate names with a comma.