[RedMonqey]

How about Obamacare?

It went all the way to the Supreme Court.

Thank you for proving my point.

For the case to preede to the Supreme Court meant lowers courts believed the case did have merit to be heard and argued in the appellate process. Just because a major of the upper courts found not to agree, doen't mean it was "meritless"

The nuisance cases I refer to are the cases at that are filed in lower courts that have been adjudicated yet with a incessant refiling the same case but approaching it with different arguements and rewording. i,e., the overweight murderer who tried to declare it would "cruel and unusual" to put to him death becausae he was too fat.

[IMR 4350]

You can't have looser pays in criminal cases. A little problem with constitutional rights of the defendant.

Looser pays applies only to civil cases and it only applies to the plaintiff filing the suit, since the plaintiff already collects damages from the defendant if the defendant looses the case.

If the defendant wants to file a counter suite against the plaintiff claiming there is no merit to the case go for it, but they are required to prove there is no merit to the case, just don't hand the defendant money because they win the case.

There are a lot of lawsuits filed where the defendant wins the case but the case had merit. One example would be where an individual files a suit against a multimillion dollar company and simply cannot match the amount of money spent on legal fees of the multimillion dollar company.

A corrupt judge can drag a case out for years swamping the person filing the suit in legal fees.

You have automatic looser pay you are opening the door to even more corruption in the courts.