Add to ORKGDecisions 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
Litigation costs could be conceived as a bribe to parties to reach a contractual agreement settling ...
This article will first analyze different approaches to compensation rates in light of various theor...
This article surveys the effects of legal fee shifting on a variety of decisions arising before and ...
Decisions made by litigants are often not beneficial to society. A rule governing fee allocation in ...
Court costs in American civil procedure are allocated to the loser ( loser pays ) as elsewhere in th...
The expanding volume of lawsuits and the ballooning of legal expenditures in recent years has attra...
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...
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 (...
Should the party who loses in litigation be forced to pay the legal fees of the winner? This paper s...
The two goals of tort law are to compensate victims and to deter unsafe behavior. This paper judges ...
In the past couple of decades, scholars have predominantly employed rent-seeking models to analyze l...
We show that, when plaintiffs cannot predict the outcome of litigation with certainty, neither the A...
Court costs in American civil procedure are allocated to the loser (“loser pays”) as elsewhere in th...
Litigation costs could be conceived as a bribe to parties to reach a contractual agreement settling ...
This article will first analyze different approaches to compensation rates in light of various theor...
This article surveys the effects of legal fee shifting on a variety of decisions arising before and ...
Decisions made by litigants are often not beneficial to society. A rule governing fee allocation in ...
Court costs in American civil procedure are allocated to the loser ( loser pays ) as elsewhere in th...
The expanding volume of lawsuits and the ballooning of legal expenditures in recent years has attra...
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...
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 (...
Should the party who loses in litigation be forced to pay the legal fees of the winner? This paper s...
The two goals of tort law are to compensate victims and to deter unsafe behavior. This paper judges ...
In the past couple of decades, scholars have predominantly employed rent-seeking models to analyze l...
We show that, when plaintiffs cannot predict the outcome of litigation with certainty, neither the A...
Court costs in American civil procedure are allocated to the loser (“loser pays”) as elsewhere in th...
Litigation costs could be conceived as a bribe to parties to reach a contractual agreement settling ...
This article will first analyze different approaches to compensation rates in light of various theor...
This article surveys the effects of legal fee shifting on a variety of decisions arising before and ...