Why?
Why, if someone brings a frivolous suit against me, should I be required to pay attorney fees, take time away from work, and suffer stress and reputational damage without remuneration?
What is the disincentive for a plaintiff to bring such an action?

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Posted by NaturalBeam

Member since Sep 2007

14524 posts

Posted on 1/19/24 at 11:07 am to NC_Tigah

quote:
Why?

1. Not all cases that lose are "frivolous"; juries can be really dumb.

2. Loser already does pay, in Louisiana, for everything except attorney's fees. A simple jury trial will cost at least $25k, factoring in experts and the jury cost. So there already is a disincentive.

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Posted by SlowFlowPro

Simple Solutions to Complex Probs

Member since Jan 2004

423363 posts

Posted on 1/19/24 at 11:10 am to NC_Tigah

quote:
Why?

Because I'd imagine at least 95% of cases that are at issue in these discussions have clear liability and would just increase insurance costs dramatically (as the insurer would now have to pay Gordon even more money). You would actually make shitty small claims even more viable for car wreck mills.

quote:
Why, if someone brings a frivolous suit against me, should I be required to pay attorney fees, take time away from work, and suffer stress and reputational damage without remuneration?

There are already mechanisms in place to be awarded attorney's fees for legitimately frivolous suits.

I'm sure your state has one of these functions.

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Posted by Indefatigable

Member since Jan 2019

26620 posts

Posted on 1/19/24 at 11:23 am to NC_Tigah

quote:
Why?
Why, if someone brings a frivolous suit against me, should I be required to pay attorney fees, take time away from work, and suffer stress and reputational damage without remuneration?
What is the disincentive for a plaintiff to bring such an action?

In many places, you can get your fees back for a frivolous suit.

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