One thing in this argument today, we have come up with the idea that plaintiffs are always poor and defendants are always rich. That is far from the truth. A plaintiff can pick a forum, he can file in the Federal court if there is diversity, he can bring the defendant where the defendant never wants to go. There are lots of defendants who are worth modest sums of money who could be totally destroyed by the action itself being filed against him. Then to say that he does not have a right in frivolous cases or under circumstances where there is no good cause to get his attorneys' fees back, he is left penniless anyway.
Editor's note · Context
Discussing the financial dynamics between plaintiffs and defendants in legal cases.
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