Monday, April 29, 2013

The Fallacy of Loser Pays in Tort Litigation

Legal News

The Fallacy of Loser Pays in Tort Litigation



Last week at Overlawyered I had a little back and forth with its publisher, Walter Olson, on the concept of a loser-pays system. For those not familiar with the idea, this specifies that the loser of a lawsuit pays the legal fees of the winner. This is in contrast to the “American...


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