Do folks have a sense of how much the costs would have been just to get dismissed for DC? Seems to be definitely over 10k (50k?) Or am I overestimating.
https://princelobel.com/professional/jeffrey-j-pyle/
Although given that the New Yorker stated that Pyle "appeared not only professionally but personally incensed by the fact of the lawsuit", perhaps some of the work was pro bono.
https://www.newyorker.com/news/news-desk/how-a-scientific-di...
I was hoping that there would be some fee-shifting here, but it's federal court.
My (thankfully very little) experience in Italy is for civil litigations at least (where it is rare that one of the two parties get 100% reason) expenses are usually compensated (i.e. every party pays their own ones), in the more rare case where all expenses are paid by the succumbing party, what is liquidated is not really what has been paid, but rather what the expenses would be along some sort of tariff.
If your solicitor/lawyer is a famous (presumably very good as you won) one, it is likely that the amount you spend is much higher than what the judge condemned the other party to reimburse you.
State defamation cases usually apply anti-SLAPP laws that automatically create fee-shifting in this exact circumstance, but this seems to be a federal case.
I see people saying it is a win for open science, and I just look at that Court Listener page and it still fills me with angst.
Generally, I would guess conferring with the client on the facts, briefing, preparing for a hearing, and arguing a hearing would be north of, at least, 25k, assuming a lower-end rate estimate in the $800+ range and a lower-end work estimate of 30+ hours. If I had to bet, I'd go higher than the low-end estimate: both the rate and hours could be close to double. That said, the attorney / firm could be donating the time on this one.
You might recover some of your legal costs from your opponent, but the disruption to your life will not be compensated.
You have the prospect of the thing hanging over you, like an iceberg moving your way that you can't avoid, unable to make long term plans because you have little idea what your schedule will be like after the next scheduled event. Maybe in 6 months it'll be over, maybe you'll be in the middle of a trial, or depositions, or who knows what.
There are huge delays where you can do little productive, waiting out a court decision or for your oppositions filing clock to run out. It's easy to fall into a trap of spending your time worrying if there is something you missed. And it can be difficult to adopt other activities to take your mind off it since you don't control your future schedule, and those activities might end up as evidence in the case particularly if the lawsuit is over something that is your profession or your passion[1].
Then you have sudden panics as unexpected things come up with short deadlines. Then back to the wait.
Third parties often don't get why being personally targeted by litigation, particularly frivolous litigation, is such an imposition. Sure the specific hours spent handling things are easily understood, but the inability to make plans and the psychic cost of living under threat are less easily understood by someone who hasn't been there themselves.
People are prone to discount the impact proportional to the frivolity of the case, but the legal system is adversarial-- you must fully and competently defend even a fairly frivolous case or you will lose. I think the case being entirely without merit in some sense makes the pressure worse, since your opposition can make moves to strategically impose on you as they had little to no prospect of winning unless you screw up, even if those moves ultimately make them more likely to fail.
A well founded case can be clean with few distractions, you set out the fact-- the court rules. Or doesn't even rule because once the facts are established you can reach a fair settlement. With a bullshit case, potentially anything could happen.
Perhaps some people have dispositions that handle having their neck on a chopping block for years without trouble. But I know people who have thrown cases they were as close to guaranteed to win as any simply because they couldn't handle the stress of it and would rather lose and have it be over.
[1] To give a concrete example, I was being sued for several billion dollars in relation to a volunteer open source project that I hadn't contributed to for a couple years. I made a pull request to an unrelated piece of open source software in an unrelated field (a driver for a telescope focuser motor) only to have that show up in my opponents filings as "evidence" that I was still contributing to the project at issue. This is a stupid claim, but it's a question of fact, and potentially enough to keep me from being dropped from the case on a summary basis.
Our legal system is badly broken in favor of lawyers making more money.
https://en.wikipedia.org/wiki/American_rule_(attorney%27s_fe...
I'm sure there's counterdamages and he can take a percentage
Ahh, sweet summer child who has never seen these kind of legal fees.
I do hope Gino gets socked with their legal fees.