This is a red herring. The problem is NOT that they are being awarded attorney's fees. In fact, we ought to see an expansion of "loser pay" in this country.
The problem is, of course, that they're winning cases that they shouldn't.
We should not in anycase be funding the suits.
"Loser pays" would be great, as long as our system is consistent in dispensing justice. It seems like the obvious problem would be that anyone with the means to hire a Dream Team of lawyers would forever be insulated from little guys like me. No matter how good my case might be in truth, I likely couldn't afford to take the risk of losing.
Some people think our justice system already belongs to those who can afford the better lawyers. Unless I'm missing something, it seems like "loser pays" could provide some justification for that opinion.
I guess the Brits have it to some extent. If it works, I wonder how.
They also use the attorneys' fees right as a bludgeon to win cases out-of-court.