A Good Move to Discourage 'Nuisance' Litigation

August 29, 1991

Regarding the article "White House Plans Reforms to Litigation," Aug. 13: It is encouraging that at last someone has come up with a proposal for attacking the problem of nuisance litigation. The suggestion that those who sue unsuccessfully should pay the defense costs of the party sued seems like a step in the right direction. It is only fair that the victim of a wrongful lawsuit be compensated for any resulting losses.It seems unlikely that the losers-pay rule would discourage legitimate lawsuits. Aren't juries inclined to sympathize with those who have suffered real injuries or losses as a result of others' negligence, especially when the defendant is a powerful corporation? But this proposed remedy does not address a more serious question: Why do courts hear cases that have no merit? Do our laws not define adequately what can be the basis of a lawsuit, or who can be held responsible for an occurrence? If not, the laws themselves must be improved. If clearly wrongful suits were prevented from entering the system in the first place, this might eliminate the need for a losers-pay rule. Jennifer Quinn, Riverdale, N.Y.

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