There is a game-theoretic optimal solution to this:
The loser must pay up to the amount they themselves spent on prosecuting the case, but no more.
So General Motors would have to pay the full cost of the plaintiff's litigation if they lost, while the plaintiff would have to pay their costs, plus an equivalent amount to GM.
This is of course independent of compensation and damages awarded.
The loser must pay up to the amount they themselves spent on prosecuting the case, but no more.
So General Motors would have to pay the full cost of the plaintiff's litigation if they lost, while the plaintiff would have to pay their costs, plus an equivalent amount to GM.
This is of course independent of compensation and damages awarded.