Home
/
RELIGION & LIBERTY ONLINE
/
In this case, the loser isn’t paying…
In this case, the loser isn’t paying…
Oct 15, 2026 3:35 PM

…at least not yet.

Check out this disheartening AP story, “Judge: Cleaner owes me $65 million for pants; 2 years of litigation x 1 pair of trousers = headaches for family business.”

The US court system shouldn’t be a venue for the pursuit of a personal vendetta. This case clearly shows how lawsuits can be used to bring incredible expense and stress on the defendant, regardless of his or her guilt or culpability. And unless things change, like moving to a loser pays system, the plaintiff risks nothing.

All too often the real victims in these kinds of lawsuits are hardworking small business-owners, whose livelihood is threatened. And when small businesses suffer, the munity suffers with them.

Is the neighborhood being made better off by Pearson’s lawsuit? Is Pearson protecting them from a business that engages in false advertising? If Pearson drives the Chungs back to Korea, the neighborhood will be made worse off, not better, and Pearson will have settled a petty grudge.

When business enterprise and successful entrepreneurship makes you the target of predatory lawsuits seeking only deep pockets, there’s something deeply wrong with the tort system.

In this monograph, Ronald Rychlak argues that the tort system needs to be reformed with a view toward mon good.

Let’s hope in this case Pearson doesn’t get off scot-free. It seems like that even in the absence of a formally-instituted loser pays system, the arbitrating authorities should have the power to dismiss Pearson’s case with extreme prejudice and require him to pay all the court costs and legal expenses for the defense.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Healthcare and Catholics: True and False Arguments
This week’s Acton Commentary: Healthcare reform – it’s one of those causes almost everyone favors, but which almost automatically produces sharp arguments when we ask what it means and how it might be realized. You would have had to be living in a cave for the past eight months to be unaware that Americans are deeply divided on this matter, and that the division runs clean through the middle of munities. That includes Catholic America. Of course, there are a...
The Economics Nobel
My response to the awarding of the Nobel Prize in Economics to Elinor Ostrom and Oliver Williamson was published on National Review Online: Unlike a certain other Nobel Prize, the Sveriges Riksbank Prize in Economic Sciences in Memory of Alfred Nobel actually requires evidence of substantial achievement. Mere aspirations and lofty rhetoric count for nothing. This year’s Nobel Prize in Economics has been given to two economists, Elinor Ostrom and Oliver Williamson, who have deepened our understanding of economic governance....
Kling on Conservatism and Authority
Arnold Kling continued last week’s conversation about the relationship between conservatism and libertarianism over at EconLog. Kling’s analysis is worth reading, and he concludes that the divide between conservatives and libertarians has to do with respect (or lack thereof) for hierarchical authority. Kling does allow for the possibility of a “secular conservative…someone who respects the learning embodied in traditional values and beliefs, without assigning them a divine origin.” I’m certainly inclined to agree, and I think there are plenty of...
Green Patriarch’s ‘web of life’ has a gaping hole in it
In yesterday’s Wall Street Journal, Ecumenical Patriarch Bartholomew I offered mentary related to his recently closed environmental symposium in New Orleans. He said this: For if all life is sacred, so is the entire web that sustains it … no one doubts that there is a connection and balance among all things animate and inanimate on this third planet from the Sun, and that there is a cost or benefit whenever we tamper with that balance. Words pleasing to the...
America’s Uncontrolled Debt and Spending is the Real ‘Waterloo’
In mentary this week, “America’s Uncontrolled Debt and Spending is the Real ‘Waterloo,’” I offer the well known point that debt and spending threatens our liberty and prosperity. It is ing very evident that it will be up to citizens to demand accountability from their lawmakers, as I mentioned. What has been tried before has not worked. In terms of liberty, Thomas Jefferson declared, “The natural progress of things is for liberty to yield and government to gain ground.” What...
Catholics and Health Care
The Detroit News published mentary on Catholics and health care reform in today’s newspaper. A slightly longer version of the article will appear in tomorrow’s Acton News & Commentary: Catholic America is about as divided about health care reform as the rest of the country. But there are a small number of non-negotiables for Catholics that principally concern any provisions that facilitate or encourage the intentional termination of innocent human life or diminish existing conscience exemptions. These issues dwarf everything...
The Release of the NIV Stewardship Study Bible
Ahead of it’s “official” release date of Nov. 1, 2009, the NIV Stewardship Study Bible and Effective Stewardship DVD Curriculum can be found on the shelves of most major book retailers around the country. Zondervan’s release of these foundational resources is the result of a strategic partnership of the Stewardship Council and the Acton Institute working to bring the Biblical message of effective stewardship to bear on the moral and economic climate of our world. To learn more about these...
Tocqueville at IU
The Workshop in Political Theory and Policy Analysis at Indiana University has announced the launch of a new initiative focused on the thought of Alexis de Tocqueville. The Tocqueville Program aims “to foster an understanding of the central importance of principles of freedom and equality for democratic government and moral responsibility, as well as for economic and cultural life.” The program’s first event will be held next month (November 6), and is titled, “What’s Wrong with Tocqueville Studies, and What...
Review: Billy Graham and the Rise of the Republican South
Explaining the realignment of American Southern politics is often a favorite area of study among historians and scholars. A region that was once dominated by yellow dog Democrats, has for the most part continued to expand as a loyal region for the Grand Old Party. Among the earliest and mon narrative among liberal historians and writers is the belief that the realignment in the South had to do with a backlash against desegregation. Steven P. Miller in his new book...
Capitalism is Not Based on Greed
In a new essay at The American, Jay Richards explains why capitalism isn’t based on greed. In Acton’s first documentary, The Call of the Entrepreneur, Richards along Rev. Robert Sirico, Sam Gregg, Michael Novak and others touch on this matter in making the moral case for the free economy. ...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved