Do case resolutions track the merits?

80 percent of chief legal officers and general counsels in a new survey disagreed with the statement, “Outcomes are driven more by the merits of the case than by litigation costs.” [Tony Mauro, NLJ via PoL]

One Comment

  • I’ll bet most responses are addressed to employment, specifically wrongful termination cases. But let’s assume that (1) this applies to tort case and (2) that they respondents are not just being martyrs.

    First, these people are a part of the problem. Hold the line, do what is right, and pay the reasonable value of claims. Suck up some costs in the short term and build the reputation as only paying when you did something wrong. This is how this works with most tort insurance carriers in car accident and malpractice cases. They could care less about defense costs. They are glad to pay the more in defending the case than it is worth. As a result, they don’t have to do that too often.

    The co-victim in this – again assuming it is true – is true victims entitled to a recovery.

    Ironically, if this is true, the biggest victims of this insanity would be real victims