ParkerVision Inc (PRKR)

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Settlement closer than you think

SUMMARY JUDGMENT
Once discovery is over, the next stop is summary judgment, and it’s an important stop. Either party—plaintiff or defendant—can ask the judge to grant it summary judgement, and a win on summary judgment means a win in the lawsuit. Unlike a motion to dismiss, summary judgment does permit the parties to dispute the facts alleged in the complaint. But a judge grants summary judgment only when he or she finds that there’s no material dispute about the essential facts alleged. In colloquial terms, then, a party moving for summary judgment is arguing, in essence, that the evidence is all so obviously and completely in its favor that there’s no need to convene a jury to decide the case. Just being mostly right is not good enough here—the judge will only grant this motion when he or she thinks that there is basically no real evidence that contradicts the winning party’s position.

As with the motion to dismiss, Summary judgment provides a key opportunity for settlement. When the motion has been completed but not yet ruled on, the parties are in the best position yet to gauge their chances of success and try to find common ground with their adversary. Resolution of summary judgment also often drives settlement talks, since, unless a party prevails on summary judgment, the upshot is that they’re headed to trial.


https://constructionexec.com/article/litigation-and-settlement-basics-the-litigation-lifecycle
TRIAL

The most well-known part of the litigation process is also a part rarely used: trial. Since there are so many opportunities for a case to resolve or settle before trial, and because trial is inherently unpredictable, most cases never make it this far. But when they do, the goal at trial in most (though not all) business litigation is to be at least 51 percent right. That’s because, unlike at summary judgment, trial victory is generally determined by who has “the preponderance of the evidence” on its side, even if there remain disputed facts. Trial is a great motivator for settlement, since not only is it expensive and unpredictable, but it also brings decision makers into close proximity with each other. It is not uncommon for parties to talk (and complete) settlement even as trial itself goes on.