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Re: TirdFirgusson post# 232501

Saturday, 06/29/2013 1:22:51 PM

Saturday, June 29, 2013 1:22:51 PM

Post# of 312015

Legally, and only legally, is a settlement agreement considered a win or loss to either party by the court?



I would say, to the court, a settlement is neither a win nor a loss. Neither the judge nor the jury have made any findings, and the court has not entered a judgment based on independent analysis.

To the parties, a settlement should be a win for both sides. The magnitude of that win requires a comparison of the settlement value to the potential jury/judge verdict value, the likelihood of success, and the potential litigation costs required to pursue the case to a judgment.