Setting a firm trial date pushes both sides toward settlement

Evidence

Determined to move the case to resolution, Judge Weinstein established a trial date of May 7, 1984. His action spurred feverish—but largely unsuccessful—efforts by the plaintiffs’ attorneys to develop evidence clearly linking Agent Orange to their clients’ afflictions. The prospect of a trial also moved the two sides toward settlement because of uncertainty about its outcome and the calamitous consequences of losing for either side. — G. Alan Tarr, Judicial Process and Judicial…, 1040

Categorization

• DEFINE: Illustrates how judges actively manage cases and how trial-setting spurs settlement — core to the course’s study of judicial process.
• XREF: connects to: Setting a firm trial date pushes litigants toward settlement and forces evidentiary preparation — G. Alan Tarr, Judicial Process and Judicial…, 2157; Risk and expense of trial drive both sides toward settlement — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 361; Settlement terms are shaped by predictions about trial outcomes — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 362 (+1 more)

Broader Connections

• Setting a firm trial date pushes litigants toward settlement and forces evidentiary preparation #expands (0.95) — G. Alan Tarr, Judicial Process and Judicial…, 2157
• Cases settle mainly when judges threaten an imminent trial date. #corroborates (0.92) — , Harr Jonathan - A Civil Action, 454
• Risk and expense of trial drive both sides toward settlement #expands (0.82) — Lawrence M. Friedman and Grant M. Hayden, American Law, 361
• Settlement terms are shaped by predictions about trial outcomes #qualifies (0.75) — Lawrence M. Friedman and Grant M. Hayden, American Law, 362