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Keyword: litgation

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  • Why the U.S. Doesn't have a "Loser Pays" Legal System (My Title)

    07/30/2018 7:05:43 AM PDT · by Jagermonster · 24 replies
    The United States Court of Appeals for the Federal Circuit ^ | July 27, 2018 | Circuit Judge Kara F. Stoll
    Actual Title -- Nantkwest, Inc. v. Iancu This is an except because it is too long to post in its entirety. B As its name suggests, the American Rule is a “bedrock principle” of this country’s jurisprudence. Hardt v. Reliance Standard Life Ins. Co., 560 U.S. 242, 253 (2010). It provides that, in the United States, “[e]ach litigant pays his own attorney’s fees, win or lose.” Baker Botts L.L.P. v. ASARCO LLC, 135 S. Ct. 2158, 2164 (2015) (quoting Hardt, 560 U.S. at 253). The American Rule may only be displaced by an express grant from Congress. Id. And it...