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re: Make an argument against a "loser pays" judicial system

Posted on 7/27/14 at 8:15 pm to
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
424225 posts
Posted on 7/27/14 at 8:15 pm to
the issue, in all honest, is what exactly makes a claim "frivolous"

i think they are going on "liability" issues more than damages
Posted by NC_Tigah
Carolinas
Member since Sep 2003
124273 posts
Posted on 7/28/14 at 7:20 am to
quote:

the issue, in all honest, is what exactly makes a claim "frivolous"
If a case is brought where care was provided appropriately (and that fact is clear from the outset), but outcome was terrible, is that a frivolous suit?

The answer is 100% yes, it's frivolous. Without question.

However, IAW line of reasoning in any legal article, journal, study and/or review I have ever read, such an action is not considered frivolous at all. In fact, according to most US personal injury types, it is considered an "opportunity".
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