# Hot Blava

The national debate will always seep over into local politics and thus, events on the national stage will find their way into Hot Blava. We hope that Hot Blava will be an interesting mixture of national issues and issues that affect Utah, and particularly Utah County where we live. Mostly, it is great to write about issues you're thinking about as it solidifies your thinking... or exposes your own irrationality. You can decide which is which.

## Sunday, January 30, 2005

### Mandating "loser-pays" is a bad idea

The article linked in this posting is all about what a bad idea it is to mandate that the loser in a civil lawsuit pay the legal expenses of the winner. I agree. This wouldn't be the right decision in every case and a mandate would discourage people from battling big opponents in court. We have learned in some high profile cases that money sometimes can win victories. Just look at O.J. Simpson. You'd hate to sue a big company and lose to some big money tactics and have to try to foot that bill.
However, I would strongly advocate a bill that places a strong recommendation for judges to impose a loser-pays penalty in cases he deems to be wholly without merit or frivolous in nature. It sounds like the law already allows a defendant to petition the judge for such redress, but having this strongly advised in the law (always at the judge's discretion) would be a good thing.

#### 2 Comments:

At 1:48 PM, September 23, 2005, Anonymous said...

  I think that loser pays rocks so what that there arn't many witness to prove it.

At 8:31 AM, August 18, 2007, <a href="http://web.archive.org/web/20070818071347/freewebtown.com/loans1/payday-loans.html">Payday loans</a> said...

  Nice Blog!

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