Loser Pays FORUM ARCHIVE
America differs from all other Western democracies (indeed, from virtually all nations of any sort) in its refusal to recognize the principle that the losing side in litigation should contribute toward "making whole" its prevailing opponent. It's long past time this country joined the world in adopting that principle; unfortunately, any steps toward doing so must contend with deeply entrenched resistance from the organized bar, which likes the system the way it is. . . .
Continue reading...
Marie Gryphon cited for work on loser pays By igorodetski, 12-09-2011 Marie Gryphon cited for work on loser pays By igorodetski, 12-09-2011 H.R. 1996: Government Litigation Savings Act By Ted Frank, 10-13-2011 H.R. 1996: Government Litigation Savings Act By Ted Frank, 10-13-2011 KBR seeking loser-pays against Jamie Leigh Jones By Ted Frank, 08-24-2011 KBR seeking loser-pays against Jamie Leigh Jones By Ted Frank, 08-24-2011 Loser pays in action: punishment for a patent troll By Ted Frank, 08-03-2011 Loser pays in action: punishment for a patent troll By Ted Frank, 08-03-2011 Free speech victory in Texas: "A great day for the First Amendment" By Ted Frank, 07-27-2011 Free speech victory in Texas: "A great day for the First Amendment" By Ted Frank, 07-27-2011 Rakofsky v. the Internet By Ted Frank, 05-19-2011 Rakofsky v. the Internet By Ted Frank, 05-19-2011 In Texas, it's not 'loser pays,' but it's still pretty good By Carter Wood, 05-10-2011 In Texas, it's not 'loser pays,' but it's still pretty good By Carter Wood, 05-10-2011 Texas loser pays? By Ted Frank, 05-09-2011 Texas loser pays? By Ted Frank, 05-09-2011 Marie Gryphon on Arkansas loser pays By Ted Frank, 03-27-2011 Marie Gryphon on Arkansas loser pays By Ted Frank, 03-27-2011 Texas considering loser pays By Ted Frank, 03-14-2011 Texas considering loser pays By Ted Frank, 03-14-2011 Eisenberg/Miller on contractual fee-shifting By Ted Frank, 12-01-2010 Eisenberg/Miller on contractual fee-shifting By Ted Frank, 12-01-2010 More governor-elects embracing tort reform By Carter Wood, 11-21-2010 More governor-elects embracing tort reform By Carter Wood, 11-21-2010 Governors and tort reform: How about the English Rule? By Carter Wood, 11-19-2010 Governors and tort reform: How about the English Rule? By Carter Wood, 11-19-2010 Marie Gryphon on "loser pays" on "Stossel" By Ted Frank, 09-28-2010 Marie Gryphon on "loser pays" on "Stossel" By Ted Frank, 09-28-2010 Mark Lanier flip-flop on "Stossel"? By Ted Frank, 09-24-2010 Mark Lanier flip-flop on "Stossel"? By Ted Frank, 09-24-2010 Manhattan Institute on "Stossel" tonight By Ted Frank, 09-23-2010 Manhattan Institute on "Stossel" tonight By Ted Frank, 09-23-2010 My USA Today piece: make Anti-SLAPP rules the norm By James R. Copland, 06-09-2010 My USA Today piece: make Anti-SLAPP rules the norm By James R. Copland, 06-09-2010 The Offer of Judgment Rule in Georgia: Analyzing Smith v. Baptiste By Jonathan B. Wilson, 03-17-2010 The Offer of Judgment Rule in Georgia: Analyzing Smith v. Baptiste By Jonathan B. Wilson, 03-17-2010 Georgia Supreme Court Upholds Two Tort Reform Statutes By Jonathan B. Wilson, 03-16-2010 Georgia Supreme Court Upholds Two Tort Reform Statutes By Jonathan B. Wilson, 03-16-2010 Fee shifts in employment lawsuits By Walter Olson, 03-08-2010 Fee shifts in employment lawsuits By Walter Olson, 03-08-2010 Around the web, February 5 By Walter Olson, 02-04-2010 Around the web, February 5 By Walter Olson, 02-04-2010 "Investor Who Backed Unsuccessful Lawsuit Is Liable for Defendants' Legal Fees" By Walter Olson, 12-29-2009 "Investor Who Backed Unsuccessful Lawsuit Is Liable for Defendants' Legal Fees" By Walter Olson, 12-29-2009 Sens. Graham, Chambliss propose partial loser-pays for some med-mal suits By Walter Olson, 12-08-2009 Sens. Graham, Chambliss propose partial loser-pays for some med-mal suits By Walter Olson, 12-08-2009 Around the web, September 1 By Walter Olson, 09-01-2009 Around the web, September 1 By Walter Olson, 09-01-2009 Class actions come to Italy By Walter Olson, 07-10-2009 Class actions come to Italy By Walter Olson, 07-10-2009 Around the web, July 1 By Walter Olson, 07-01-2009 Around the web, July 1 By Walter Olson, 07-01-2009 Around the web, June 5 By Walter Olson, 06-04-2009 Around the web, June 5 By Walter Olson, 06-04-2009 Thoughts on litigation financing By James R. Copland, 06-03-2009 Thoughts on litigation financing By James R. Copland, 06-03-2009 Around the web, June 1 By Walter Olson, 06-01-2009 Around the web, June 1 By Walter Olson, 06-01-2009 Georgia Legislature Adopts Automatic Stay of Discovery Rule By Jonathan B. Wilson, 04-08-2009 Georgia Legislature Adopts Automatic Stay of Discovery Rule By Jonathan B. Wilson, 04-08-2009 www.dcexaminer.com >> Manhattan Moment By mkrauss, 03-18-2009 www.dcexaminer.com >> Manhattan Moment By mkrauss, 03-18-2009 Loser-pays proposals in Georgia By Walter Olson, 03-13-2009 Loser-pays proposals in Georgia By Walter Olson, 03-13-2009 "Radical" suggestions for med-mal reform By Walter Olson, 02-20-2009 "Radical" suggestions for med-mal reform By Walter Olson, 02-20-2009 Legal reform proposed in Georgia By Walter Olson, 02-05-2009 Legal reform proposed in Georgia By Walter Olson, 02-05-2009 Litigation procedure in Ontario By Walter Olson, 02-02-2009 Litigation procedure in Ontario By Walter Olson, 02-02-2009 Loser-pays featured in WSJ By Walter Olson, 12-23-2008 Loser-pays featured in WSJ By Walter Olson, 12-23-2008 Marie Gryphon interviewed on "America's Business" By Walter Olson, 12-16-2008 Marie Gryphon interviewed on "America's Business" By Walter Olson, 12-16-2008 Around the web, December 11 By Walter Olson, 12-10-2008 Around the web, December 11 By Walter Olson, 12-10-2008 Gryphon loser-pays paper discussed By Walter Olson, 12-08-2008 Gryphon loser-pays paper discussed By Walter Olson, 12-08-2008 New Civil Justice Report on Loser Pays By James R. Copland, 12-02-2008 New Civil Justice Report on Loser Pays By James R. Copland, 12-02-2008 Sports Bars and Tort Law By mkrauss, 12-02-2008 Sports Bars and Tort Law By mkrauss, 12-02-2008 Reminder: Loser-pays panel in NYC tomorrow By Walter Olson, 12-01-2008 Reminder: Loser-pays panel in NYC tomorrow By Walter Olson, 12-01-2008 Next Tues. Dec. 2 in NYC: Marie Gryphon on loser-pays By Walter Olson, 11-26-2008 Next Tues. Dec. 2 in NYC: Marie Gryphon on loser-pays By Walter Olson, 11-26-2008 "Common-Sense Justice in Alaska" By Walter Olson, 10-29-2008 "Common-Sense Justice in Alaska" By Walter Olson, 10-29-2008 Around the web, October 14 By Walter Olson, 10-14-2008 Around the web, October 14 By Walter Olson, 10-14-2008 Around the web, October 10 By Walter Olson, 10-10-2008 Around the web, October 10 By Walter Olson, 10-10-2008 California Case Highlights Need for Litigation Insurance By Marie Gryphon, 10-09-2008 California Case Highlights Need for Litigation Insurance By Marie Gryphon, 10-09-2008 Anthony Sebok on loser-pays By Walter Olson, 10-06-2008 Anthony Sebok on loser-pays By Walter Olson, 10-06-2008 Shareholder class actions in Australia By Walter Olson, 09-02-2008 Shareholder class actions in Australia By Walter Olson, 09-02-2008 UK Insurer Facilitates Antitrust Claims in Loser Pays Environment By Marie Gryphon, 08-23-2008 UK Insurer Facilitates Antitrust Claims in Loser Pays Environment By Marie Gryphon, 08-23-2008 "New Talk" discussion of loser-pays By Walter Olson, 08-19-2008 "New Talk" discussion of loser-pays By Walter Olson, 08-19-2008 Around the web, June 6 By Walter Olson, 06-06-2008 Around the web, June 6 By Walter Olson, 06-06-2008 "Resurrect Rule 11" By Walter Olson, 04-07-2008 "Resurrect Rule 11" By Walter Olson, 04-07-2008 Offer of settlement in Colorado By Walter Olson, 03-05-2008 Offer of settlement in Colorado By Walter Olson, 03-05-2008 Lawyers' Fees For Me, But Not For Thee By mkrauss, 02-08-2008 Lawyers' Fees For Me, But Not For Thee By mkrauss, 02-08-2008 Legal expenses insurance By Walter Olson, 02-05-2008 Legal expenses insurance By Walter Olson, 02-05-2008 Loser-pays and the Vioxx settlement By Walter Olson, 01-31-2008 Loser-pays and the Vioxx settlement By Walter Olson, 01-31-2008 "Using Neuroeconomics Experiments to Study Tort Reform" By Walter Olson, 01-27-2008 "Using Neuroeconomics Experiments to Study Tort Reform" By Walter Olson, 01-27-2008 More successful countersuits by docs? By Walter Olson, 12-20-2007 More successful countersuits by docs? By Walter Olson, 12-20-2007 Around the web, December 10 By Walter Olson, 12-10-2007 Around the web, December 10 By Walter Olson, 12-10-2007 Around the web, December 10 By Walter Olson, 12-10-2007 Around the web, December 10 By Walter Olson, 12-10-2007 Welcome Columbia Sci/Tech Law Review readers By Walter Olson, 11-06-2007 Welcome Columbia Sci/Tech Law Review readers By Walter Olson, 11-06-2007 "Loser-Pays in Alaska: The Way It Should Be" By Walter Olson, 07-31-2007 "Loser-Pays in Alaska: The Way It Should Be" By Walter Olson, 07-31-2007 Sebok on the Pearson pants suit By Ted Frank, 07-05-2007 Sebok on the Pearson pants suit By Ted Frank, 07-05-2007 Floyd Abrams on Islamic Society of Boston By Ted Frank, 06-06-2007 Floyd Abrams on Islamic Society of Boston By Ted Frank, 06-06-2007 One-way fee-shifting By Walter Olson, 03-15-2007 One-way fee-shifting By Walter Olson, 03-15-2007 Arguments For/Against Loser-Pays By Jonathan B. Wilson, 12-04-2006 Arguments For/Against Loser-Pays By Jonathan B. Wilson, 12-04-2006 Smoot v. Mazda By Ted Frank, 11-29-2006 Smoot v. Mazda By Ted Frank, 11-29-2006 Major incentive effects dept. By Walter Olson, 07-19-2006 Major incentive effects dept. By Walter Olson, 07-19-2006 Baltimore Would Benefit from Loser-Pays By Jonathan B. Wilson, 07-14-2006 Baltimore Would Benefit from Loser-Pays By Jonathan B. Wilson, 07-14-2006 Frivolous tax-protest arguments By Walter Olson, 07-07-2006 Frivolous tax-protest arguments By Walter Olson, 07-07-2006 One-way fee shifts By Walter Olson, 07-02-2006 One-way fee shifts By Walter Olson, 07-02-2006 Ohio med-mal proposals By Walter Olson, 06-14-2006 Ohio med-mal proposals By Walter Olson, 06-14-2006 Granholm v. Heald aftermath By Ted Frank, 04-10-2006 Granholm v. Heald aftermath By Ted Frank, 04-10-2006 Welcome Huffington Post readers By Walter Olson, 04-04-2006 Welcome Huffington Post readers By Walter Olson, 04-04-2006 Georgia One Step Closer to Reform By Jonathan B. Wilson, 03-21-2006 Georgia One Step Closer to Reform By Jonathan B. Wilson, 03-21-2006 "Patents and Loser Pays: Why Not?" By Walter Olson, 02-11-2006 "Patents and Loser Pays: Why Not?" By Walter Olson, 02-11-2006 Loser-pays bill introduced in Indiana By Walter Olson, 02-04-2006 Loser-pays bill introduced in Indiana By Walter Olson, 02-04-2006 British taxpayers won't foot Vioxx legal bills By Ted Frank, 12-13-2005 British taxpayers won't foot Vioxx legal bills By Ted Frank, 12-13-2005 Blogs on Posner's Budget Rent-A-Car opinion By Ted Frank, 11-29-2005 Blogs on Posner's Budget Rent-A-Car opinion By Ted Frank, 11-29-2005 Budget Rent A Car System Inc. v. Consolidated Equity By Ted Frank, 11-24-2005 Budget Rent A Car System Inc. v. Consolidated Equity By Ted Frank, 11-24-2005 Stossel Endorses Loser-Pays By Jonathan B. Wilson, 11-23-2005 Stossel Endorses Loser-Pays By Jonathan B. Wilson, 11-23-2005 U.K. mulls allowing contingent fees By Walter Olson, 11-14-2005 U.K. mulls allowing contingent fees By Walter Olson, 11-14-2005 Martin v. Franklin Capital Corp. By Ted Frank, 11-09-2005 Martin v. Franklin Capital Corp. By Ted Frank, 11-09-2005 ABA Journal Misses Story on Offer of Judgment Rule By Jonathan B. Wilson, 10-11-2005 ABA Journal Misses Story on Offer of Judgment Rule By Jonathan B. Wilson, 10-11-2005 Roberts, fee-shifting, and the balance of sympathy By Walter Olson, 08-11-2005 Roberts, fee-shifting, and the balance of sympathy By Walter Olson, 08-11-2005 Washington Examiner on LARA By Walter Olson, 08-02-2005 Washington Examiner on LARA By Walter Olson, 08-02-2005 Reader request: one-way fee shifting By Walter Olson, 08-01-2005 Reader request: one-way fee shifting By Walter Olson, 08-01-2005 California labor law By Walter Olson, 07-27-2005 California labor law By Walter Olson, 07-27-2005 Reports from the Field on Offers of Judgment By Jonathan B. Wilson, 07-09-2005 Reports from the Field on Offers of Judgment By Jonathan B. Wilson, 07-09-2005 Loser-Pays and Election Litigation By Jonathan B. Wilson, 06-15-2005 Loser-Pays and Election Litigation By Jonathan B. Wilson, 06-15-2005 The politics of loser-pays By Walter Olson, 06-08-2005 The politics of loser-pays By Walter Olson, 06-08-2005 Flaws in Georgia liability reform By Walter Olson, 06-02-2005 Flaws in Georgia liability reform By Walter Olson, 06-02-2005 "Out Of Balance: Prescriptions for Reforming the American Litigation System" By Walter Olson, 05-27-2005 "Out Of Balance: Prescriptions for Reforming the American Litigation System" By Walter Olson, 05-27-2005 Michigan's offer-of-judgment rule By Walter Olson, 03-18-2005 Michigan's offer-of-judgment rule By Walter Olson, 03-18-2005 Offer-of-judgment rules By Walter Olson, 03-02-2005 Offer-of-judgment rules By Walter Olson, 03-02-2005 WSJ and loser-pays By Walter Olson, 02-08-2005 WSJ and loser-pays By Walter Olson, 02-08-2005 Taylor on Bush reforms By James R. Copland, 01-31-2005 Taylor on Bush reforms By James R. Copland, 01-31-2005 Pennsylvania medical countersuits By Walter Olson, 01-10-2005 Pennsylvania medical countersuits By Walter Olson, 01-10-2005 Ohio enacts wide-ranging liability reforms By Walter Olson, 12-20-2004 Ohio enacts wide-ranging liability reforms By Walter Olson, 12-20-2004 Toward loser-pays in California? By Walter Olson, 11-23-2004 Toward loser-pays in California? By Walter Olson, 11-23-2004 Strong Rule 11: judges liked it By Walter Olson, 10-04-2004 Strong Rule 11: judges liked it By Walter Olson, 10-04-2004 "Bad ideas don't travel" By Walter Olson, 08-26-2004 "Bad ideas don't travel" By Walter Olson, 08-26-2004 Medical malpractice: costly problems, real solutions By James R. Copland, 07-28-2004 Medical malpractice: costly problems, real solutions By James R. Copland, 07-28-2004 Legal mischief and the end of merit By James R. Copland, 06-09-2004 Legal mischief and the end of merit By James R. Copland, 06-09-2004 More confusion: business-to-business lawsuits By James R. Copland, 05-27-2004 More confusion: business-to-business lawsuits By James R. Copland, 05-27-2004 Loser pays: clearing up some confusion By James R. Copland, 05-26-2004 Loser pays: clearing up some confusion By James R. Copland, 05-26-2004 Sen. Graham introduces loser-pays bill By Walter Olson, 05-19-2004 Sen. Graham introduces loser-pays bill By Walter Olson, 05-19-2004 Countersue? Just try it, doc By Walter Olson, 05-14-2004 Countersue? Just try it, doc By Walter Olson, 05-14-2004
| 
Follow POL on Twitter 