Decisions made by litigants are often not beneficial to society. A rule governing fee allocation in tort cases should encourage meritorious suits and discourage frivolous suits. America is one of the only countries in the world that does not use a loser-pays rule to assign legal costs. Employing a loser-pays rule could make the legal system more efficient and more equitable. The effect of a loser-pays rule is analyzed with economic theory and empirical evidence. Possible limitations of the rule are also considered. A carefully applied system of loser-pays may positively affect the U.S. legal system
In the past couple of decades, scholars have predominantly employed rent-seeking models to analyze l...
Alaska is unique among the fifty states in its use of a version of the English rule of attorneys\u27...
In the United States the client traditionally pays his or her own attorney; this practice is known a...
ABSTRACT. Decisions made by litigants are often not beneficial to society. A rule governing fee allo...
Under the English rule, the loser pays litigation costs whereas under the American rule, each party ...
Recent years have seen a debate over litigation reform grow increasingly agitated. Attorneys, judges...
Should the party who loses in litigation be forced to pay the legal fees of the winner? This paper s...
Court costs in American civil procedure are allocated to the loser ( loser pays ) as elsewhere in th...
The English rule for fee allocation prescribes that the loser of a lawsuit pay the winner’s litigati...
When plaintiffs cannot predict the outcome of litigation with certainty, neither the American rule (...
Court costs in American civil procedure are allocated to the loser (“loser pays”) as elsewhere in th...
In the past couple of decades, scholars have predominantly employed rent-seeking models to analyze l...
This article surveys the effects of legal fee shifting on a variety of decisions arising before and ...
The expanding volume of lawsuits and the ballooning of legal expenditures in recent years has attra...
International audienceIn this paper, we conduct an experiment in order to explore how the legal fee ...
In the past couple of decades, scholars have predominantly employed rent-seeking models to analyze l...
Alaska is unique among the fifty states in its use of a version of the English rule of attorneys\u27...
In the United States the client traditionally pays his or her own attorney; this practice is known a...
ABSTRACT. Decisions made by litigants are often not beneficial to society. A rule governing fee allo...
Under the English rule, the loser pays litigation costs whereas under the American rule, each party ...
Recent years have seen a debate over litigation reform grow increasingly agitated. Attorneys, judges...
Should the party who loses in litigation be forced to pay the legal fees of the winner? This paper s...
Court costs in American civil procedure are allocated to the loser ( loser pays ) as elsewhere in th...
The English rule for fee allocation prescribes that the loser of a lawsuit pay the winner’s litigati...
When plaintiffs cannot predict the outcome of litigation with certainty, neither the American rule (...
Court costs in American civil procedure are allocated to the loser (“loser pays”) as elsewhere in th...
In the past couple of decades, scholars have predominantly employed rent-seeking models to analyze l...
This article surveys the effects of legal fee shifting on a variety of decisions arising before and ...
The expanding volume of lawsuits and the ballooning of legal expenditures in recent years has attra...
International audienceIn this paper, we conduct an experiment in order to explore how the legal fee ...
In the past couple of decades, scholars have predominantly employed rent-seeking models to analyze l...
Alaska is unique among the fifty states in its use of a version of the English rule of attorneys\u27...
In the United States the client traditionally pays his or her own attorney; this practice is known a...