[mythtv-users] Free US/Canada Listings

Brian Wood beww at beww.org
Wed Sep 12 02:58:47 UTC 2007


David Brodbeck wrote:
> On Sep 11, 2007, at 3:12 PM, R. G. Newbury wrote:
>> Up here, and in most of the
>> common law world, the loser in the litigation pays the winner's  
>> legal costs.
> 
> I have really mixed feelings about "loser pays."  I think it would  
> discourage individuals bringing suit against corporations, even if  
> there was a good chance of success, because if they lost they might  
> be bankrupted by having to pay the company's legal bills.  Meanwhile  
> corporations wouldn't be similarly intimidated due to their deep  
> pockets.

Another problem is that such a system discourages out-of-court
settlements. I used to be involved in arbitrations that had "loser pays"
clauses. When a case would settle both parties would refuse to pay,
stating that they "didn't lose".

beww


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