The answer is that plaintiff has brought the lawsuit and has incurred those costs upon the defendant in a case where the judge has found the lawsuit never should have been brought. That is what fee shifting is all about. If the plaintiff wins the case, the judge has the capacity to award the plaintiff such damages as the plaintiff incurred, and in many cases that includes much of his expenses. It is only in the case where the judge says you never should have brought this case and it would not be unjust for you to have to pay the fees of a person you made hire an attorney and go through all this mess for nothing that we require the bond.
William Tauzin: “The answer is that plaintiff has brought the lawsuit and has incurred those costs upon the defendant in a case where the…”
Editor's note · Context
Discussing the implications of fee shifting in legal cases.
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