Are auctions open for being sued?

[REAL 1]

If you can come up with a better system we're all ears.

There are safeguards for frivilous litigation that provide for sanctions and fees to be awarded, Federal Rule 11 for one and State frivilious claim statutes.

We left the English system behind because our system is better. While everybody loves the idea of loser pays you'll love right up to the point you feel you have a case and have suffered damages and then become concerned about pursuing it for fear of losing and being stuck with the tab or until you get sued and are facing damages and counsel fees despite you belief you did nothing wrong and regardless of how meritorious you position was. Its a system that sounds great until your a$$ is on the line when you are sued or you want or need to bring a claim as a plaintiff. And for those that disagree, if you are ever or next time you are in a suit just suggest "loser pays" see if there are any takers.

[Tommy]

Originally Posted by REAL 1

If you can come up with a better system we're all ears.

There are safeguards for frivilous litigation that provide for sanctions and fees to be awarded, Federal Rule 11 for one and State frivilious claim statutes.

We left the English system behind because our system is better. While everybody loves the idea of loser pays you'll love right up to the point you feel you have a case and have suffered damages and then become concerned about pursuing it for fear of losing and being stuck with the tab or until you get sued and are facing damages and counsel fees despite you belief you did nothing wrong and regardless of how meritorious you position was. Its a system that sounds great until your a$$ is on the line when you are sued or you want or need to bring a claim as a plaintiff. And for those that disagree, if you are ever or next time you are in a suit just suggest "loser pays" see if there are any takers.

It's refreshing to hear the perspective of someone who has nothing to gain from defending the current "ambulance chasing" system. ... You're not a lawyer, are you?

[Anthony]

Originally Posted by REAL 1

If you can come up with a better system we're all ears.
.

Oh, how I would love to come up with a system.

Actually, an arbitration like system, loser pays all, and everybody being held accountable for their actions (even the arbitrators), nobody being able to hide behind LLC's and such.

It would be a better, cheaper, and more fair system than we have now.

[427sharpe]

Except that the Arbitors may turn out to favor the guys who bring them the bucks....the larger companies. There is a lawsuit progressing here in Tx on just such a scam, involving a law office/debt collector who led all his clients into arbitration...without revealing that the arbitor had no other clients beside the debt collector! Records indicate that the arbitor ruled in favor of the lawyer in every case...even when faced with black letter law pointing the other way. Arbitration is only a way to lose your rights to sue and be heard. I hate to admit it, but I agree with Evan on this one!