When doctors are named in groundless malpractice lawsuits, they often want to fight back by filing countersuits or moving for sanctions. But, as American Medical News is the latest to learn, our legal system is elaborately structured to deny them any such recourse for the injury done them by the lawsuit. (Tanya Albert, “Fighting frivolous lawsuits: Doctors engage in an uphill battle”, American Medical News, Oct. 27). For a few of the rare instances in which countersuits or sanctions motions have been successful, see Sept. 6-8, 2002; Jun. 14-15, 2000; Sept. 14, 1999. More (rare successful countersuit by W.V. surgeon Saad Mossallati): Tanya Albert, “West Virginia physician caught in legal net hooks lawyer, lands settlement”, American Medical News (AMA), Dec. 2, 2002; Dorothy L. Pennachio, “The target of a ‘shotgun’ suit fires back”, Medical Economics, Apr. 11, 2003. More: see Point of Law, Jan. 10, 2005 (Pennsylvania Medical Society has begun assisting doctors in countersuits).
Posts Tagged ‘loser pays’
Welcome Phila., Denver, Okla., Jacksonville readers
We’re named among the weekly “Web Winners” picks of Philadelphia Inquirer columnist Reid Kanaley, who recommends us for “such class-action gems as the one in California demanding discounts for men on ‘ladies night.'” (Aug. 14). Vincent Carroll, writing in Denver’s Rocky Mountain News, predicts that the forthcoming Kobe Bryant trial is unlikely to resemble the atrocious O.J. Simpson trial, and quotes our editor on the question of jury selection and its abuse (“Spectacle of O.J. trial won’t repeat itself here”, Aug. 16).
Essay on loser-pays
The following essay was written circa 1999 by our editor and formerly appeared on the site’s topical page on loser-pays.
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America differs from all other Western democracies (indeed, from virtually all nations of any sort) in its refusal to recognize the principle that the losing side in litigation should contribute toward “making whole” its prevailing opponent. It’s long past time this country joined the world in adopting that principle; unfortunately, any steps toward doing so must contend with deeply entrenched resistance from the organized bar, which likes the system the way it is.
Overlawyered.com‘s editor wrote an account in Reason, June 1995, aimed at explaining how loser-pays works in practice and dispelling some of the more common misconceptions about the device. He also testified before Congress when the issue came up that year as part of the “Contract with America”. Not online, unfortunately, are most of the relevant sections from The Litigation Explosion, which argues at length for the loser-pays idea, especially chapter 15, “Strict Liability for Lawyering”.
Archived loser-pays items, pre-July 2003
“Texas’s giant legal reform” (offer-of-settlement variant), Jun. 18-19, 2003.
“Blog-appreciated” (Larry Sullivan, Delaware Law Office), Jan. 17-19, 2003.
“Lawyers fret about bad image” (Catherine Crier), Oct. 3, 2002; “Welcome Boortz.com listeners” (broadcaster Neal Boortz endorses), Mar. 1, 2002; “Election roundup” (New York Press’s Russ Smith: “simple solution”, Oct. 23, 2000; “Oh, to be in England” (comedian Dennis Miller praises fee shifting on ABC’s “Politically Incorrect”), Jun. 19, 2000; “Loser-pays endorsed by Martina” (tennis great Navratilova), Jul. 12, 1999.
“‘Patient pays price for suing over cold’” (U.K.), Sept. 20-22, 2002; Texas doctors’ work stoppage” (insurance for M.D.s to countersue), Apr. 11, 2002; “‘Valley doctors caught in “lawsuit war zone”‘“, May 3, 2001.
Sanctions, counterclaims, 2001: “Lawyers’ immunity confirmed“, Nov. 15; “‘Attorney
Ordered To Pay Fees for “Rambo” Tactics’“, Oct. 5-7. 2000: “Don’t meet with her alone” (malicious prosecution counterclaim in harassment case), Nov. 1; “Update” (instructor who sued “course critique” site agrees to pay fees), Oct. 10; “Judge tells EEOC to pay employer’s fees“, Oct. 5; “Denny’s fights back against false suits“, Sept. 29-Oct. 1; “The doctor strikes back” (neurosurgeon countersues), Jun. 14-15; “Scorched-earth divorce tactics? Pay up” (Mass. decisions), Jan. 31. 1999: “Even the chance of loser-pays helps keep ’em honest” (costs levied against pilots’ union), Aug. 12.
Letters to the editor: Apr. 16, May 18, Jul. 6, Aug. 1, 2001.
“‘The love children of Flight 261’“, Apr. 10, 2001.
“Securities law: time for loser-pays“, Mar. 2-4, 2001.
“Loser-pays activism” (John Kasich’s New Century Project), Nov. 8, 2000.
“Losers should pay” (columnist Thomas Sowell; environmental injunctions and bonding requirements), Aug. 4-7, 2000.
“Costs of veggie-libel laws” (Oprah Winfrey sued: “the more she wins, the more she loses”), March 20, 2000.
“Bush unveils legal reform plan” (includes offer-of-settlement fee shift idea), Feb. 18, 2000.
“‘Trial lawyers on trial’” (Trevor Armbrister, Readers’ Digest), Dec. 23-26, 1999.
“News flash: Bill Clinton endorses loser-pays!” (at least for himself), Dec. 20, 1999.
“Victory in Florida” (lawyers in gun suits use infliction of legal costs as tactic), Dec. 14, 1999.
“Marbled Murrelet v. Babbitt: heads I win, tails let’s call it even” (environmentalists benefit from “one-way” fee shifts), Sept. 8, 1999 (& see National Law Journal, Dec. 14, 1999).
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The essay on loser-pays formerly attached to this archive listing has been moved here.