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To: EQAndyBuzz

Strict loser pays is a horrible system. It’s essentially a shield against suit for anyone with deep pockets. In Texas, we’ve done it right. If you lose a lawsuit AND it’s deemed to have been frivolous, loser pays. If you lose a lawsuit and it’s not frivolous, meaning that a trial was deemed legitimately necessary to weigh the merits, then the loser pays nothing, as it should be.


8 posted on 09/08/2012 11:20:21 AM PDT by Melas (u)
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To: Melas

That works for me.


29 posted on 09/08/2012 11:57:40 AM PDT by EQAndyBuzz (ABO 2012)
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To: Melas

On top of Loser Pays, I would modify that with a contingency form of loser pays.

That ism the attorney is on a contingency whether your case wins or loses. So he gets 40% contingency if you both win, and is on the hook for 40% contingency of the ‘loser pays’ if you both lose.

Fair, after all, is fair.


55 posted on 09/08/2012 1:03:45 PM PDT by Ted Grant
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