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Old 12-06-2012, 05:05 PM   #40
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Join Date: Oct 2005
Posts: 34,473

Originally Posted by LuckyR View Post
I don't disagree with what you chose to address in my previous post, though I will take your noncommentary on the majority of it as tacit agreement.

Of course the as yet unaddressed issue is the flip side of your post #32, namely what about the well known and common downside to no Loser Pays, that is the quasi extortion of the threat of a lawsuit? That is, if the asking price of a ridiculous lawsuit is less than the cost of litigation, what is a potential defendant to do? "Pay up" is the answer from the accounting dept.
Not for big companies all the time. Sometimes they will fight it all the way to make a point.

For example, in the famous hot coffee lawsuit, the first award was rejected on appeal and I believe the defendant finally got some 1100 bucks. But the temperature of the coffee was reduced as a result of the lawsuit.
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