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

Posted on 7/28/14 at 7:20 am to
Posted by NC_Tigah
Carolinas
Member since Sep 2003
124507 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".
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
424965 posts
Posted on 7/28/14 at 8:46 am to
quote:

but outcome was terrible,

which part is "terrible"?

i've been in cases with great damages but iffy liability where the defendant got out via MSJ, and 1 case with no issue of liability where we got 0'd (well i wasn't there for the 0, but i heard about it).

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