Setting a firm trial date pushes litigants toward settlement and forces evidentiary preparation

Evidence

After 5 years with little progress, the litigation shifted into high gear with the assignment in October 1983 of Judge Jack Weinstein to succeed Judge Pratt, who had been elevated to the court of appeals. 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…, 2157

Categorization

• XREF: connects to: Case management duties drive judges to promote settlements over trials. — G. Alan Tarr, Judicial Process and Judicial…, 569; Setting a firm trial date pushes both sides toward settlement — G. Alan Tarr, Judicial Process and Judicial…, 1040; Cases settle mainly when judges threaten an imminent trial date. — , Harr Jonathan - A Civil Action , 454 (+19 more)

Broader Connections

• Case negotiations occur in the shadow of the law set by trial outcomes #expands (0.95)
• Civil settlements happen in the shadow of what a trial would produce #expands (0.95) — G. Alan Tarr, Judicial Process and Judicial…, 1045
• Risk and expense of trial drive both sides toward settlement #corroborates (0.95) — Lawrence M. Friedman and Grant M. Hayden, American Law, 361
• Credible settlement leverage requires genuine willingness to proceed to trial #complicates (0.90) — Jonathan Harr, A Civil Action, 2447
• Civil cases are typically settled in the shadow of potential trial #expands (0.90) — G. Alan Tarr, Judicial Process and Judicial…, 2161
• Settlement and plea bargaining are priced by the anticipated trial outcome #complicates (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 1256
• Active trial judging extends into negotiating pleas and settlements between parties #complicates (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 568
• Filing a complaint can signal resolve and push defendants toward settlement negotiation. #expands (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 2219
• Trials resolve factual disputes even when both parties agree on the law. #qualifies (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 1276
• A trial ascertains facts, applies law, and determines guilt or liability. #qualifies (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 796
• Filing a complaint can strengthen a plaintiff’s leverage in informal settlement negotiations. #expands (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 1077
• Pretrial conferences let judges shape cases before trial #complicates (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 1090
• Civil trials are anomalies in a system built to promote settlement #complicates (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 1195
• Sustained investigation can harden rather than erode an advocate’s belief in their case #complicates (0.80) — , Harr Jonathan - A Civil Action, 1446
• Courts depend on litigants to learn whether their rulings are obeyed #complicates (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 2875