UnifiedOnline Inc fka UOIP

[magnus_invest]

Law & Economics Center George Mason University School of Law released a report in 2015 regarding the timing and disposition of Daubert motions. The report examines a sample of 2,127 Daubert motions made in 1,017 private cases from 91 federal district courts. The sample spans from 2003-2014, and involves 57 different causes of action.

I just found this and gave it a cursory read, but plan to read it in its entirety this evening. Below is an excerpt from from section 4. Discussion.


"The results from Section 3 suggest that Daubert rulings are key inflection points in litigation. Within 100 days of a Daubert ruling, more than half of the cases in the sample ended in settlement or summary judgment, and survival analysis shows that an additional 40 days of Daubert motion pendency is associated with a ten percentage point reduction in the relative rate of termination by settlement or summary judgment. There is also some evidence that these impacts are larger for certain claims that require expert testimony to establish required elements. Further, the number of motions in a case also appears to be strongly associated with reduced likelihood of early termination. These findings have important implications for litigation costs. For example, if delay in Daubert rulings delay settlement, it may prolong expensive fact discovery.42 Further, preservation costs—that is, the costs associated with having to maintain certain documents that may be subject to discovery during active litigation—can be substantial.43 Discussions with corporate counsel and litigators suggest that some judges may delay ruling on Daubert motions in the hopes that parties settle. The results here, however, suggest that, such a strategy may backfire, as parties rationally need the information provided by a Daubert ruling to engage in fruitful settlement discussions."

https://masonlec.org/site/rte_uploads/files/Daubert%20Report%5B1%5D.pdf


If my initial reading is correct, than more than half the cases ended in a settlement or summary judgment after an average of 100 days.

"Summary judgment provides several efficiencies essential to a smoothly running litigation system. Perhaps the most important feature of summary judgment is the "settlement premium " set forth in this Essay. When a motion for summary judgment is denied, the non moving party achieves a form of premium that enables a case to settle for an additional amount. Put simply, the settlement value of a case increases when a motion for summary judgment is denied. Thus, denials of summary judgment up the ante in the litigation game."

The Efficiency of Summary Judgment
Edward Brunet Lewis & Clark Law School
https://lawecommons.luc.edu/cgi/viewcontent.cgi?article=1013&context=luclj



Personally I feel that in light of the evidence displayed and the validity of the patents, we are without a doubt on the winning side of a huge settlement!!

Long UOIP,
~Magnus