[carnaby]

It seems to me that the goal of S.1805 could be accomplished without even mentioning firearms in an alternative bill. The proper goal, one that not only protects the firearm industry from frivilous litigation, but all industries and people subject to this baloney, would be enactment of "Loser Pays" legislation. That is, should the plaintiff lose a civil trial, they are responsible to pay for the defense costs.

This would give companies and individuals that find themselves in the defendants chair some incentive to fight back for once. Also gives idiot groups like BradyCampaign and others disinsentive to affect policy through litigation.

I think this would be a much better use of our effort in politics. Stick it to the trial lawyers :fire: :fire: :fire:

[bbrins]

The problem with "Loser Pays" is that it also discourages the little guy to flie a valid lawsuit. He/she would be taking too much of a chance because big industry lawyers aren't cheap.

If you had a valid claim and you stood to possibly lose everything you had if you lost in court, would you file? I probably wouldn't.

[Old Fuff]

Another problem is that many of the lawsuits filed against the handgun industry have come from cities, and I think - - two state attorney generals. This being the case the taxpayers pick up the bills, win or lose. Anti's are delighted to spend any amount of money for "the cause," so long as it isn't their own.

[antsi]

1805 is not just protection against predatory lawyers.

It is also protection against activist judges who want to legislate from the bench. Or more accurately, dictate from the bench.

[carnaby]

Good, I agree with most of your points. It seems we need loser pays and S.1805.

In response to the notion that people will be less likely to sue even if they are in the right, well yes, that's true, but I claim that the overall price to be paid is higher without "loser pays". It's, in my opinion, the lesser of two evils.

If only God would just strike down the guilty party! That is the only perfect solution.