Republicans aim to fix what ain't broke
Article Abstract:
The Republican desire to institute a 'loser pays' law, or the English rule, as such laws are known, fails to address the real problems in civil procedure and would hurt poor plaintiffs. Laws exist that prevent frivolous lawsuits and provide that the loser pay all attorneys fees in some such cases. If pre-trial settlements are the goal, the discovery process should be broadened so each side in a case has a better understanding of their chances before the trial begins.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Damages allocation, damages calculation and RICO liability under the reform act
Article Abstract:
The Private Securities Litigation Reform Act of 1995 changes the liability for securities fraud from joint and several to contributory. In passing the act, Congress had felt that joint and several liability pressured parties to settle warrantless claims rather than face highly disproportionate damages. The act also relieved parties of facing treble-damages awarded under RICO.
Publication Name: Annual Institute on Securities Regulation
Subject: Law
ISSN: 0195-5756
Year: 1996
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