A report released last week by the Manhattan Institute — “Greater Justice, Lower Cost: How a ‘Loser Pays’ Rule Would Improve the American Legal System” — says making personal injury lawsuit losers pay the winner’s legal expenses would improve the fairness of our legal system.
“The integrity of our legal system is under assault. Establishing loser-pays rules and other tort reforms can help restore citizens’ faith in the bedrock of society — justice, fairness, and the rule of law,” former New York Mayor Rudy Giuliani wrote in the preface to the report. (With the election over, Giuliani is apparently capable of complete sentences that do not contain 9/11. I am a little surprised.)
I have not given the issue any thought. I think the problem is that it presents an intimidating bar for Plaintiffs who have been the victim of someone else’s negligence in a case that is not clear cut. Do we want to discourage those suits? —–