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re: Prosecutorial Misconduct Reform

Posted on 1/19/24 at 11:23 am to
Posted by NC_Tigah
Carolinas
Member since Sep 2003
124186 posts
Posted on 1/19/24 at 11:23 am to
quote:

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

In the eyes of the legal community legitimately frivolous suits are nonexistent. Otherwise, why would an ambulance chaser take the case up?
Posted by Indefatigable
Member since Jan 2019
26653 posts
Posted on 1/19/24 at 11:26 am to
quote:

In the eyes of the legal community legitimately frivolous suits are nonexistent.

Didn't the woman who sued LSU and its lawyers over fake sexual harassment claims get tagged with paying LSU and Les Miles' attorney fees less than a month ago? That is just a high profile example.

Obviously rare, but it does happen.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423383 posts
Posted on 1/19/24 at 12:11 pm to
quote:

"Legitimately frivolous suits"

In the eyes of the legal community legitimately frivolous suits are nonexistent.


quote:

Juries can be very dumb indeed. That's how John Edwards made millions of bucks presenting bullshite cases.


Hence why I said legitimately frivolous. If you're going to claim every case that had a result you don't like is "frivolous", then the word has no meaning and neither does this discussion.

The jury returns in those Edwards cases shows they were, by definition, not frivolous.

quote:

Otherwise, why would an ambulance chaser take the case up?

Again, this is exactly why loser pays would be bad.

If you got sued by one of these guys and lost, would you want to pay the attorney's fees on top of the damages?

Ambulance chasers don't typically take cases without clear liability. That means in loser pays, they make more money.
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