tag:blogger.com,1999:blog-2807403883562053852.post7065874924114425561..comments2024-03-27T08:40:31.785-06:00Comments on Clayton Cramer.: An Interesting Problem: What Ways Are There To Restrain Lawsuit Abuse?Clayton Cramerhttp://www.blogger.com/profile/03258083387204776812noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-2807403883562053852.post-86620394760836041922010-08-13T12:45:24.908-06:002010-08-13T12:45:24.908-06:00Coming in quite late here, but I remember reading,...Coming in quite late here, but I remember reading, perhaps on the earlier incarnation of this vary blog, about an interesting proposal. It would probably only work in arbitration rather than lawsuits, but it basically boiled down to something like this:<br /><br />Each party would make stipulate what they thought reasonable damages might be. Simultaneously the mediator (judge, arbitrator) would come up with a number. The award would then be that requested by the party who guessed closest to the mediator's number.<br /><br />I'm not sure I have it entirely correct, but I recall that was the gist of it.Hal Dustonhttps://www.blogger.com/profile/03579515713751458192noreply@blogger.comtag:blogger.com,1999:blog-2807403883562053852.post-21403434373072292692010-08-03T11:01:58.210-06:002010-08-03T11:01:58.210-06:00Clayton - since apparently you aren't the only...Clayton - since apparently you aren't the only one being targeted, it may be possible for all the blog targets of these lawsuits to file a class-action counterclaim for, well, whatever tort it is that you can claim. A class action claim will be potentially large enough to interest a contingency-fee lawyer.Anthonyhttps://www.blogger.com/profile/12389602137217799305noreply@blogger.comtag:blogger.com,1999:blog-2807403883562053852.post-70788635651920905432010-08-02T20:25:53.212-06:002010-08-02T20:25:53.212-06:00I suspect most plaintiffs are represented by lawye...I suspect most plaintiffs are represented by lawyers under contingent fee agreements. If such a plaintiff ends up with liability for a defendant's legal fees, make his lawyer jointly and severally liable. If the lawyer gets a share of the upside, give 'em a share in the downside too.Unknownhttps://www.blogger.com/profile/16041541755487855867noreply@blogger.com