settlement = guarantee. reliance on SJ = risk of loss
Now, count me in the camp which believes summary judgment will go in our favor, but it's still no guarantee. If I were on the board, I'd be voting to actively look for a settlement (as long as it was big enough, that is.)
I have a social disorder (although it's not quite full blown Asperger's), and can come across differently than intended...if you're offended by something I've said, I probably didn't mean it with such animosity - please take it with a grain of salt. :)