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Plaintiff Hit With $520,153 in Fees, Costs
FindLaw ^ | 2-21-05 | Nick Sullivan

Posted on 02/21/2005 11:59:45 AM PST by OXENinFLA

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To: Darth Reagan

ping


41 posted on 02/21/2005 12:28:59 PM PST by marblehead17 (I love it when a plan comes together.)
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To: OXENinFLA
In a case I heard about over twenty years ago a defendant lost a multi-million dollar case on a Motion for Summary Judgment. After he lost, the defendant's lawyer submitted a bill for outrageous fees. The defendant shot himself.

Our 'justice system' works both ways.

42 posted on 02/21/2005 12:29:52 PM PST by ex-Texan (Mathew 7:1 through 6)
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To: OXENinFLA
Bwaaaaaaaaaaaaaaaaahahahahahahahhahahahahahhahahahahha.
43 posted on 02/21/2005 12:30:17 PM PST by Dan from Michigan ("There out ta get me! They won't catch me! I'm #@^#@# innocent! They won't break me" - Guns N Roses)
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To: Dan from Michigan

44 posted on 02/21/2005 12:31:54 PM PST by CT CONSERVATIVE (Fight Crime: Shoot Back)
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To: CT CONSERVATIVE

45 posted on 02/21/2005 12:34:21 PM PST by CT CONSERVATIVE (Fight Crime: Shoot Back)
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To: ex-Texan

A true loser. He should have shot his lawyer. He'd have room and board for life, but at least he wouldn't have to put up with bill collectors. And he would have been a local hero in the jail. "What're you in for?" - "Oh, I shot my lawyer." - Instant respect.


46 posted on 02/21/2005 12:45:47 PM PST by DeltaZulu
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To: BlackRazor

That's a very reasonable solution.


47 posted on 02/21/2005 12:52:29 PM PST by OneTimeLurker
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To: BlackRazor

Canada has loser-pays but it is neither blanket nor automatic. When the defence prevails in a lawsuit here, they have to ask for costs after the verdict has been rendered. The amount awarded, if any, is entirely at the judge's discretion.


48 posted on 02/21/2005 12:55:06 PM PST by Squawk 8888 (End dependence on foreign oil- put a Slowpoke in your basement)
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To: AppyPappy

HEHEHEHE MY thought also.


49 posted on 02/21/2005 1:00:44 PM PST by cksharks (ew prayers for them because they will need it.)
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To: dangus

It didnt kill the SOB so it couldnt have been too grave a harm.


50 posted on 02/21/2005 1:07:59 PM PST by cksharks (ew prayers for them because they will need it.)
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To: Red Badger

When you have a wife and three teen-agers, you're lucky if your 5th car is a Honda rather than a Yugo.


51 posted on 02/21/2005 1:08:49 PM PST by RossA
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To: sgtbono2002

Not on this. A lawyer cannot control what settlement value a client puts on a case, other than to quit the case. Had it been for sanctions for a frivolous suit, the lawyer might be on the hook, but even that is doubtful because he had physicians who were in a better position to know and signed on. Too bad, IMO, because this junk science stuff has ruined products law. The trial bar will have to sit up and take notice of this one.

FWIW, the Offer of Judgment is a wonderful tool that should be used far more often. I use it more than most, though I never get costs awarded. It is more just a machanism to transfer risk to the Plaintiff. It helps a lot in settlement.


52 posted on 02/21/2005 1:23:07 PM PST by Bluegrass Federalist
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To: BlackRazor

Fair solution BUMP!


53 posted on 02/21/2005 2:25:29 PM PST by LibertarianInExile (The South will rise again? Hell, we ever get states' rights firmly back in place, the CSA has risen!)
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To: Maceman
Well, somehow these protection haven't stopped me from being notified of my status as a class action plaintiff in a case which I have never heard of, from which I stand to gain only a token benefit, but which promises to net the crusading plaintiff's attorneys a fat multi-million dollar payday

Well, there's a really easy way to solve that problem. Just advocate for a "loser pays" system where the prevailing party in a lawsuit is entitled to attorney's fees and costs incurred in obtaining a favorable verdict.

Of course, that will never, ever, ever, happen because Big Business and Insurance interests in this country would be forced to settle claims reasonably up front, or face paying attorney's fees if they do not.

You want real tort reform? Loser pays.
54 posted on 02/21/2005 2:30:22 PM PST by Bronco_Buster_FweetHyagh
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To: marblehead17

Hallelujah!!!!


55 posted on 02/21/2005 2:55:55 PM PST by Darth Reagan
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To: Bronco_Buster_FweetHyagh
You want real tort reform? Loser pays.

I don't think loser pays is the answer. Litigation is always a crapshoot, and even when one has justice on one's side there is no guarantee the verdict will go the right way. Who will dare bring a legitimate claim against any well heeled defendant if the loss of the case means potential financial ruin for the plaintiff?

Whereas these idiotic and parasitic "class action" suits brought by entrepreneuerial lawyers in search of a payday really are a plague on society, and bring no justice even in those cases where the plaintiffs plaintiffs prevail. They win their coupon for a free cup of coffee from McDonald's and the lawyers split millions in contingency fees.

56 posted on 02/21/2005 2:55:59 PM PST by Maceman (Too nuanced for a bumper sticker)
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To: OXENinFLA

This should happen to every losing plaintiff. It would solve the lawsuit problem overnight.


57 posted on 02/21/2005 2:58:03 PM PST by balch3
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To: BlackRazor
"I don't think someone should have to put their livelihood on the line if they have a reasonable case to bring."

So the plaintiff shouldn't have anything at risk, but it's okay for the defendant to have his livelihood on the line? Nice sense of fairness you've got there.

The defendant will always offer a settlement in any reasonable case—any business has something to lose and thus will act to minimize risk by settling. The only plaintiffs who get punished by an automatic "loser pays" rule are those who have frivolous cases, or those who obstinately pursue the lottery payout rather than settle for reasonable compensation for actual damages. Those people deserve to be punished. Loser pays is the only way to go.

58 posted on 02/21/2005 3:08:49 PM PST by Fabozz (Trapped behind enemy lines in Ukraine County, WA)
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To: OXENinFLA; AppyPappy
2004 Political Campaign Contributions from Las Vegas, Nevada 89144:

Name: Variale, Vincenzo
Occupation: Universal Health Services/Controlle
Amount: $ 250
Date: 08/25/2003
Contributed to: FEDERATION OF AMERICAN HOSPITALS PAC (FEDPAC); (FKA AMERICAN HEALTH SYSTEMS PAC) - Unknown


59 posted on 02/21/2005 3:14:36 PM PST by cyn
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To: Fabozz
The defendant will always offer a settlement in any reasonable case

As an attorney for 8 years, having done both defense work and plaintiff's work, in areas such as personal injury, employment law, discrimination, and business litigation, I can tell you with 100% accuracy that you are dead wrong. While your comment is what should be true, it just isn't the case.
60 posted on 02/21/2005 3:29:09 PM PST by Bronco_Buster_FweetHyagh
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