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High_Profits

09/27/12 11:49 AM

#4498 RE: PennyPincher12 #4496

Could a settlement or buyout occur DURING the actual trial?

YES
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JJSeabrook

09/27/12 11:54 AM

#4499 RE: PennyPincher12 #4496

PennyP, a settlement can come any time before the verdict is delivered in open court.

We had an oilfield explosion case that we tried in which the guy had severe injuries, and had a wife and child. The case could have gone either way. We had nothing to lose by waiting for the verdict, and felt like we might win it. The jury was deliberating and settlement negotiations continued while the jury was out, as neither side could truly peg what the outcome would be. However, the exposure to the defendant was huge, and they did make a fairly handsome settlement offer finally. It was up to the client whether to take it or leave it. We were sitting at the counsel table when the jury knocked on the door with their verdict. They were DONE! At that point the client decided to accept the settlement offer and the case was settled. The verdict was recorded, although having no effect due to the last second settlement, and for over two decades it stood as the largest personal injury jury verdict ever in North Central Texas.

Yes, a case can settle at any time before the verdict is read in open court.

JJ
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radiumsoup

09/27/12 11:55 AM

#4500 RE: PennyPincher12 #4496

A settlement can come up until the jury delivers a decision in court. (I've seen claims of cases settling AFTER a jury awarded damages, but I can't independently confirm this - might just be urban legend, so I'll stick with my "until the jury's decision is read in court")

edit: took to long to type this out, apparently - I got beat to the punch :)
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USMC56

09/27/12 12:02 PM

#4502 RE: PennyPincher12 #4496

Sorry, I had forgotten where I read the article below. It provides an overview of FRCP 68.

Yes, they can, but it is much more likely before trial commences. Prior to trial both parties are holding their "aces in the hole," so to speak. In my opinion, this ace is precisely what GOOG does not want to come out.

http://www.law.northwestern.edu/lawreview/v102/n4/1561/LR102n4Bone.pdf

Happy Birthday GOOG! Too bad VRNG is about to blow your candles out!