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armed robber wants to sue

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  • #16
    Originally posted by JML View Post
    This. Finland has loser pays system which means that people are afraid to go to court even if they have good chance of winning. Court costs are simply too large so taking risk is not worth it. Lawyers use it to their advantage when extorting people. Copyright trolls straight out threaten you with court costs if you don't pay settlement offer. In their settlement letter they use court cases they won as an example. In one they originally demanded 8000 euros it got lowered in court to 600 euros but defendant has pay their and his own costs which are over 50 000 euros. So people end up paying even if aren't guilty because they can't afford to take risk.
    This isn't Finland. There is no "loser pays" system in the US courts. You can file to have lawyer fees paid by the other party but there's no guarantee that you'll get them awarded. It does help if the lawsuit is deemed frivolous however.

    A common tactic of "deep pockets" in the US is simply to run the other side out of money paying for lawyers and court costs.

    In this case, the now inmate has the problem of responding on time to the courts along with trying to file, most likely on his own, motions and such. This can be difficult to do from jail or prison.
    Also, the courts aren't going to look kindly on a civil suit where someone was stopping the filing party from commission of a serious felony. In many courts such a case would be dismissed out-of-hand as frivolous without the defending party doing anything.

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    • #17
      Originally posted by T. A. Gardner View Post
      This isn't Finland. There is no "loser pays" system in the US courts.
      Yes, there is...right here in the State of Colorado.
      Quis Custodiet Ipsos Custodes? Who is watching the watchers?

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      • #18
        Originally posted by Mountain Man View Post
        Yes, there is...right here in the State of Colorado.
        Then it varies by state.

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        • #19
          Originally posted by T. A. Gardner View Post
          Then it varies by state.
          Well...duh...:

          But you said no such system exists anywhere in America. And yet it certainly does exist.
          rolleyes:
          Quis Custodiet Ipsos Custodes? Who is watching the watchers?

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          • #20
            Richard Simmons ordered to pay National E's lawyer's fees
            http://www.thewrap.com/richard-simmo...story-lawsuit/
            I think this was LA
            I would say on some crap like this, loser pays--keep the silly stuff down...of course, some people would day this and that is not silly
            but on death,dismemberment, etc --no
            Last edited by Moulin; 22 Sep 17, 08:44.

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            • #21
              Another example why cancealed carry is afforable to society.
              My worst jump story:
              My 13th jump was on the 13th day of the month, aircraft number 013.
              As recorded on my DA Form 1307 Individual Jump Log.
              No lie.

              ~
              "Everything looks all right. Have a good jump, eh."
              -2 Commando Jumpmaster

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              • #22
                Originally posted by Mountain Man View Post
                Well...duh...:

                But you said no such system exists anywhere in America. And yet it certainly does exist.
                rolleyes:


                From what I can see, the application of the loser pays rule in Colorado depends on the winning party filing a motion and the judge agreeing they should be awarded.
                So the award of the costs of litigation is not automatic, it is dependent on the Court determining that the fees are warranted under Colorado law.

                So even Colorado doesn't have a "loser pays" system, it has a system where the court has more leeway in awarding fees to the winner.
                In Illinois, attorney fees can only be recovered when it is provided for by statute or a contract between the parties to the litigation.
                Avatar is General Gerard, courtesy of Zouave.

                Churchill to Chamberlain: you had a choice between war and dishonor. You chose dishonor, and you will have war.

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