The gentleman's point is correct. The same thing is true of a defendant, whether that be an individual, regardless of their economic background, whether that be a small business person whose business could be lost, the bringing of the lawsuit imposes risk upon that party; it does not impose risk upon the plaintiff. Now this changes that in this respect, it says that if the party, if a suit is filed, and the parties negotiated in good faith, then the losing party in those negotiations will be responsible for the prevailing party's attorneys' fees limited, as I described earlier, when it occurs that the losing party's recovery in the case either being a verdict against them or a verdict lower than the amount that was offered by the defendant occurs, and it just seems to me in every single case this would apply the defendant or the plaintiff if they do not prevail is shown to have had: First, a nonmeritorious case, and second, not to have prevailed in the case, to not having been reasonable in the case.
On the recordMarch 6, 1995
Source
govinfo.govEditor's note · Context
Discussing the implications of a legal proposal regarding attorney fees in lawsuits.
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