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

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Rule 11 of the Federal Rules of Civil Procedure, which most states have adopted, provides penalties for frivolous suits, including loser pays. However it seems to be little used by judges

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Ding ding ding.

We don't need loser pays. We need judges who will not only dismiss frivolous suits quickly, but penalize those who bring them.

The "wrongful foreclosure" claims would be an excellent place to start. Obviously there are some states (Cali) where they've empowered these absurd claims, but they have a very low success rate in most of the country. The problem is that they'll linger on the docket for a year or two, judges will permit multiple contradictory amended complaints, etc. so it still takes a ton of resources to handle and defend them.