An interesting thought experiment along the lines of resolving this inequality is making it so that sides can only fund their civil case through a fund that both sides contribute to but both sides get an equal share. This means in order to frivolously sue someone, you have to be willing to fund their effort to defend against you.
It probably breaks down a lot in cases involving multiple litigants (let alone class actions), but it is an interesting idea.
It probably breaks down a lot in cases involving multiple litigants (let alone class actions), but it is an interesting idea.