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New Age woes; lawyers are preparing now for a possible wave of age discrimination suits by baby boomers

Article Abstract:

The aging of the Baby Boom generation may mean increased age discrimination litigation. Reasons include the size of the potential plaintiff pool, the Baby Boomer's self-centeredness, their history of rebelling against authority and the corporate downsizings and consolidations they are already confronted with. Employee handbooks and even electronic mail should be scrutinized for unintentional obligations they impose on a company. The advantage still lies with the employer, however as clear evidence of age discrimination is difficult to bring. Early retirement plans might prevent layoffs and the litigation that often follows.

Author: Stansky, Lisa
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1997
Cases, Age discrimination, Baby boom generation

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The English rule; searching for winners in a loser pays system

Article Abstract:

Those who think the British 'loser pays' approach would cut down on questionable litigation and should be adopted in this country do not know enough about the system and its disadvantages. Privately funded parties are leery of bringing even meritorious claims in Britain because of the risk of having to pay the other side's costs if they lose. When they do sue, they can be pressured into accepting a sometimes inadequate settlement to avoid the risk of cost-shifting. The risks of the British system might also discourage the development of new causes of action.

Author: Kritzer, Herbert M.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
Costs (Law), Legal fees

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Changing of the guard

Article Abstract:

Britain's legal system may adopt some US-style innovations in an effort to make justice speedier and more affordable, though the changes face stiff opposition. Funding cuts have removed millions from a legal aid system that long covered most of the population, and a fee-shifting system complicates the picture. So far a mild form of contingency fees, proposed rules for group actions like US class actions, and other changes have occurred. A panel headed by Lord Harry Woolf of the House of Lords proposes still more.

Author: Stansky, Lisa
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1996
Justice, Administration of, Administration of justice

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Subjects list: United States, United Kingdom, Laws, regulations and rules, Comparative analysis
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