In this case, the loser isn’t paying…
Acton Institute Powerblog

In this case, the loser isn’t paying…

…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 entire community 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 the common 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.

Jordan J. Ballor

Jordan J. Ballor (Dr. theol., University of Zurich; Ph.D., Calvin Theological Seminary) is director of research at the Center for Religion, Culture & Democracy, an initiative of the First Liberty Institute. He has previously held research positions at the Acton Institute and Vrije Universiteit Amsterdam, and has authored multiple books, including a forthcoming introduction to the public theology of Abraham Kuyper. Working with Lexham Press, he served as a general editor for the 12 volume Abraham Kuyper Collected Works in Public Theology series, and his research can be found in publications including Journal of Markets & Morality, Journal of Religion, Scottish Journal of Theology, Reformation & Renaissance Review, Journal of the History of Economic Thought, Faith & Economics, and Calvin Theological Journal. He is also associate director of the Junius Institute for Digital Reformation Research at Calvin Theological Seminary and the Henry Institute for the Study of Christianity & Politics at Calvin University.