Judge Orders Illinois to 'Pay Up'

After the state of Illinois lost its bid to ban violent games, they were slapped with the legal fees incurred by the ESA, Video Software Dealers Association, and the Illinois Retail Merchants Association. Now, the Judge has come back to collect the tab: "Turns out Judge Kennelly doesn't play chicken. As the Chicago Tribune has recently reported, Illinois has been given an ultimatum: come up with a way to pay back $510,250 by December 18th or we will figure out a way for you ... 'They have answered the plaintiffs' entreaties with what amounts to shoulder-shrugging and finger-pointing,' Kennelly wrote in an opinion. 'Specifically, they have made no real suggestion about what the plaintiffs need to do to collect what they are entitled to, largely leaving that up to one's imagination.'"

Comments

Re:There are two problems with a "loser pays" syst

[BlueBlade]

Hum, as I understand it, the "loser pays" thing nearly always apply to the prosecuting party, not the defendant. At least, that's how it works in most European countries. If you sue someone and lose, you have to pay the defendant's legal fees, when it makes sense. The judge has a lot of discretion about when to apply or not this rule. There are also caps, so that an individual isn't going to pay a corporation's team of 26 lawyers. I know where I live, the caps are twice your own legal fees (roughly, lots of exceptions and such). So if you sue a corporation and lose, and you have to pay legal fees, you're only going to pay a maximum of twice your own fees.

It's not perfect, and it can be abused, yes. But there are some fairly good safeguards so that ridiculous situations like the ones you described don't happen.