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This must mean that meritorious claims are not being pursued because of the fees regime".
"The people who get scared away," he said, "are the people who did not have meritorious claims to begin with".
The system is costly, inefficient and unpredictable, he and other scholars say, deterring meritorious claims and inspiring contentiousness.
Yet, without such devices as the class action and contingent fees, many meritorious claims would never be asserted.
In the end, the challenge is to fashion a rule that limits liability but permits adjudication of meritorious claims.
But it also urges the administration to negotiate with Iraq "to ensure compensation for any meritorious claims based on terrorist acts committed by the Saddam Hussein regime".
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However, this consideration should not be sufficient to bar a meritorious claim.
So the Court professed that AT&T; Mobility did not implicate the only thing (a party's ability to vindicate a meritorious claim) this case involves.
"We have not been served with or seen a copy of the complaint, but we are confident that there is no meritorious claim that can be made against the N.H.L.P.A. in regard to Derek's tragic death.
Well, maybe where I just left off: Italian Colors is not claiming that a class action is necessary only that it have some means of vindicating a meritorious claim.
Were we to adopt the position advanced by the dissent, the only way we could consider his meritorious claim would be through the All Writs Act, 28 U.S.C. 1651(a).
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com