Steven Garber, an economist at RAND, a think-tank, says the economics of filing low-merit cases make little sense.
The number of claims dropped, but the average award rose, suggesting that more high-merit cases got their day in court while low-merit filings were deterred or settled for less.
Ms Gryphon argues that in such a mature loser-pays market more small-value but high-merit cases would be brought, while both small "nuisance" suits and big "lottery" suits would be less attractive to lawyers.Loser-pays has yet to be properly tried in America.
They just disagree with him on the merits of cases.
So it will be a matter for the lawyers to convince shareholders that Zipcar has enough potential, and was undervalued significantly, to merit the case.
But the government says claims for asylum will be considered on merit on a case-by-case basis.
She added, "It has nothing to do with the merit of the cases".
Some legal experts, meanwhile, contend that technology cases merit no special consideration.
The quality of their work aside, it was strange to think some cases merit discussion while others don't.
We have not found any merit in the case as there is no case of abuse of dominant position.
The merits of their cases are not the point, however.
