If I'm an idiot (I know, hard to believe) and I sue you for some clearly frivolous reason, one would like to think that you will win. Let's say that you do. In some states, I would have to pay not only my own legal fees, but yours, too. That's a punitive measure to keep frivolous suits down, and at first glance it looks - well, not good, but not terribly bad, either.
Now suppose that my child is raped at a school,, and I sue the school for failing to take adequate precautions to keep my child safe. I get Harry from the local law firm, and the school gets a team of lawyers from the local branch of MegaLaw. Say the school wins. Now I have to pay my legal fees, and those of the massive team from MegaLaw.
Is that fair? Does the response to that depend on your political orientation?