Jottings By An Employer's Lawyer |
Sunday, January 12, 2003
How Big Judgments, Even Though Often Reversed, Impact Litigation
But the mere possibility that an extreme outcome will emerge from the process, and perhaps survive review and appeal, gets factored into negotiations in the majority of cases that are settled before a final verdict. With breast implants, asbestos, and many other mass tort episodes, a rash of arrestingly high verdicts helped educate recalcitrant defendants about the need to pony up substantial settlements. If you've ever participated in settlement negotiations, you know it is true.
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