Pqr, I know LP's an attorney, and a very well qualified one, but I believe this is largely Posner's fight and her strategy. I suppose that each MTD exposes more of her evidence, but she isn't going to quit answering their challenges. I'm still of the belief that this will settle before a jury ever has a chance to act. I expect it before they go to trial, but even if they get into it, I suspect an acceptable offer will come in prior to jury actions.
While on jury duty in the past I've met other jurors who were starting deliberations when released from jury duty on settlement. An attorney friend client took a nice sized settlement against my friends advise only to learn from the jurors that they were looking at number that were a significant multiple of what was offered, well into the millions. Of course there is the bird in the hands argument, if you don't take a good offer a bigger judgement may be appealed and no telling where you'll be in the end, or how long it will take.
I've been on juries that awarded millions for wrongful death, but as a juror you really never know what is actually paid, or by who.
Gary
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