Comment by weaksauce
5 years ago
This is dangerous advice if the lawyer fees get paid by the loser of the suit like they do in some cases. ianal but i'd look into that before taking this tactic.
5 years ago
This is dangerous advice if the lawyer fees get paid by the loser of the suit like they do in some cases. ianal but i'd look into that before taking this tactic.
In the US there is no loser pays clause - except that you can sue for legal fees as well. There are pros and cons of both, with no clear winner.
In the US it’s way more complicated than that, and not just because there are 50 states that all have their own laws on whether or not the prevailing party can recover costs and it furthermore depends on the specific action.
FALSE! FALSE FALSE FALSE! There are many, many circumstances in the US where the loser has to pay costs and attorneys fees. Like copyright infringement. https://www.copyright.gov/title17/92chap5.html#505
TRUE TRUE TRUE TRUE! there is no "loser pays costs" rule/law for the entire US. it is a case by case thing, determined by a judge, in most cases, even in copyright cases. the link you posted even says that.
the comment you replied to was saying that there is no nation-wide law protecting victims of unnecessary or unjust lawsuits, and there isn't. you simply cannot count on getting your costs paid for if you win in any case.
2 replies →