[REAL 1]

If you can come up with a better system we're all ears.

There are safeguards for frivilous litigation that provide for sanctions and fees to be awarded, Federal Rule 11 for one and State frivilious claim statutes.

We left the English system behind because our system is better. While everybody loves the idea of loser pays you'll love right up to the point you feel you have a case and have suffered damages and then become concerned about pursuing it for fear of losing and being stuck with the tab or until you get sued and are facing damages and counsel fees despite you belief you did nothing wrong and regardless of how meritorious you position was. Its a system that sounds great until your a$$ is on the line when you are sued or you want or need to bring a claim as a plaintiff. And for those that disagree, if you are ever or next time you are in a suit just suggest "loser pays" see if there are any takers.