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Because the prevailing party, i. E. The corporation that got the case dismissed, cannot impose any fees. Shouldterprising judge look for a crack in the american rule doctrine so in cases which are brought solely sessions brought solely for the economic interest of the lawyers , these i think in many cases are pretty apparent, a judge can maybe bad faith, but that thate a bit of a stretch, the plaintiff lawyers will have or someurse the company part of its legal expenses. There are judges who might be willing to do that. One of my pet peeves in the class action system, which we have not touched upon, the lone star. A big word that simply means, the number of hours you worked times the hourly fee. Book that some of the lawyers have fees that are out of the world. Only 24day on earth is hours, some of the lawyers bill on saturn time, where it is 704 billion hours. I have seen bills with 72 hours billed in single days. Not that uncommon. The lone star is on an honor system basis. Frankly, ....