Who pays when the "loser pays"?
Article Abstract:
VP Dan Quayle's recommendation that the loser should pay the winner's legal costs is ill-conceived and will fail if adopted. The 'loser pays' rule, which would apply to cases involving state law that are brought to the federal courts' diversity jurisdiction, will not work in the United States because of differences between the United States' legal system and that of almost every other Western country. These differences include: trial by jury, legal aid, social programs and collateral sources, and the formula for determining economic loss and contingent fees.
Publication Name: Best's Review Life-Health Insurance Edition
Subject: Insurance
ISSN: 0275-0988
Year: 1992
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Who pays when the "loser pays"?
Article Abstract:
The President's Council on Competitiveness, chaired by Vice President Dan Quayle, recommends that the American justice system adopt the English 'loser pays' rule for state civil cases tried under federal jurisdiction. The task force maintains that the rule would effectively discourage lawsuits because the huge expense associated with tort suits would be enough to prevent anyone from initiating them. The English experience and our present contingent fee system provide evidence to the contrary.
Publication Name: Best's Review Property-Casualty Insurance Edition
Subject: Insurance
ISSN: 0005-9714
Year: 1992
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Lawyers (and accountants) face liability crisis
Article Abstract:
Lawyers and accountants are quickly becoming the targets of lawsuits, according to participants in a forum sponsored by the Manhattan Institute for Policy Research. Because the amounts awarded in such suits dwarf those paid by doctors in malpractice suits, they have become an area of particular concern to professional liability insurers. One forum participant blamed the problem on money-hungry plaintiffs, who have inspired judges to liberalize damage theories over the last decade.
Publication Name: Best's Review Property-Casualty Insurance Edition
Subject: Insurance
ISSN: 0005-9714
Year: 1992
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