TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Tuesday, December 23, 2008

Who Should Pay for Litigation Costs?

In today's Wall Street Journal, Dan Slater examines the question of who should pay the costs of litigation - a loser pays rule as in Canada, Germany and the U.K., or the so-called American rule where each side bears its own costs?


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As a plaintiff's lawyer, I think the real fear is not a losers pay rule that's fair to both sides, but some type of system where defendants get compensated for winning, but plaintiffs don't. The vast majority of cases (95% perhaps, including small car wreck cases, etc) end up in a recovery for the plaintiff. Allowing recovery of attorneys' fees in those situations would lead to a huge increase in value and plaintiffs would be the big winners there.

Posted by: brooks schuelke | Dec 30, 2008 5:10:17 PM

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