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

Posted on 7/27/14 at 11:37 pm to
Posted by casualobserver
Baton Rouge
Member since Oct 2011
144 posts
Posted on 7/27/14 at 11:37 pm to
quote:

So if you reject a reasonable settlement offer and then lose, you're on the hook for the legal fees from the point the offer was made. we do kind of have this in place with offers of judgments, just fwiw


I think you've done an excellent job explaining why loser pays is a bad idea, however, offers of judgment in federal court do not shift attorney's fees unless costs are defined to include attorney's fees, such as civil rights cases.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
424967 posts
Posted on 7/27/14 at 11:54 pm to
lol that's why i said "kind of"
Posted by udtiger
Over your left shoulder
Member since Nov 2006
99601 posts
Posted on 7/28/14 at 7:32 am to
Problem with OOJs is if you get a "zero" against the other side, you cannot act on the OOJ.
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