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re: Make an argument against a "loser pays" judicial system
Posted on 7/28/14 at 7:20 am to SlowFlowPro
Posted on 7/28/14 at 7:20 am to SlowFlowPro
quote: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 issue, in all honest, is what exactly makes a claim "frivolous"
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 on 7/28/14 at 8:46 am to NC_Tigah
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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