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Oklahoma enacts loser-pays — by mistake

Is that good news, or not? My new post at Cato at Liberty: According to news reports last week, the legislature in Oklahoma passed, and Gov. Mary Fallin then signed, a bill whose wording directs judges...

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Talked into suing gun dealer, left stranded

“Brady Campaign urges couple to file a frivolous lawsuit. Couple goes bankrupt. Brady Campaign nowhere to be found.” [@jaycaruso summarizing his National Review story, earlier on Brady Campaign] Tags:...

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February 14 roundup

“One-Sided Loser Pays Is the Worst of Both Worlds” [Mark Pulliam at his new blog Misrule of Law, and thanks for mention] My first piece for Quillette debunks claims of jump in rate at which gay men...

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Mark Pulliam on the origins of loser-pays

No, “loser pays” is not a vestige of feudal oppression, and no, America did not move to its different legal fee rule in order to help the poor [Mark Pulliam at Law and Liberty, parts one and two, and...

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Lawyers milk Florida accident-bill law for one-way fee entitlements

A Florida law allows persons who have undergone treatment after auto mishaps to sign over to the medical provider their right to sue their insurer under so-called PIP (personal injury protection) auto...

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A reader query on Michigan fee-shifting

Reader B.B., an attorney, writes: In Michigan, the American Rule for paying attorney fees has been abolished in civil cases valued at more than $25,000 when filed. I am curious whether anyone has done...

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April 10 roundup

Waco biker prosecutions — a dragnet affair in which many bystanders were hit with charges, kept in jail on unaffordable bail, and lost their jobs — end after four years with all charges dropped; many...

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Banking and finance roundup

Advice to Mark Calabria, newly installed as head of the Federal Housing Finance Administration, or FHFA [Arnold Kling; more on what to do with Fannie and Freddie] Bad blood between Joe Biden and...

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The Swedish advantage in civil process

Excellent interview with Dan Klein, a George Mason economist bound by family and professional ties to Sweden, where his wife and daughter live. Among other things, confirms what I’ve been saying for...

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Win, but still lose, in defamation law

In May of last year a judge dismissed a former police officer’s defamation suit against the Carroll Times Herald, published in the small town of Carroll, Iowa. “Even though the newspaper handily won...

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