Chamberlain Hrdlicka's Appellate Blog covers a cross-section of issues of interest to businesses and individuals involved in litigation, trial and appellate lawyers, as well as judges.
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The majority of lawsuits settle before the case goes to trial. There’s a reason for that. It can be years before a lawsuit is scheduled for trial, the outcome is unpredictable, and the process can be expensive, making an out-of-court settlement attractive.
But often, the parties are unable to reach a settlement because they view the law, the facts, and the chances of obtaining a successful verdict - however they may define it - differently. When the gap between the parties’ respective positions is too large to close, proceeding to trial may become more palatable and, indeed ...