Supreme Court Hears Third-Party Investor Suit

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The costs of such expansive liability would of course be passed on to society both in terms of higher fees and in detracting from the competitiveness of the United States (already burdened as the world’s most litigious society). Also to be considered is the adverse effect of the uncertainty caused by such an ambiguous potential liability. The incremental cost of such expanded liability of course is only a small part of the enormous cost of litigation.