John Conyers: “I would hope we all support the American rule rather than one side, but let me point out to my colleagues that the whole…”

“I would hope we all support the American rule rather than one side, but let me point out to my colleagues that the whole notion that there is some superior method enforcing settlement of cases as opposed to having them tried is one that I find undermines the whole basis of loser pays. The fact of the matter is that of course everybody would love to settlement. But where the weight and the power is more on one side that on the other, settlement becomes a very unfair tool, and that is why we go to trial. The judges are trying to get the parties to settle, the parties themselves frequently want to settle, and now here comes the Congress, 'You will settle these cases or you will be penalized,' and that is the underlying part of it that I cannot agree with.”