Disagree, I think that moderately early on in the process parties need to make a decision about settle or litigate. What we have now is a system where people are incentivized to bluff endlessly, treating litigation like high-stakes poker. Even those with no legal education can see it's bullshit, and it brings the entire legal system into disrepute.
What does getting whacked with a $787,500,000.00 settlement payment incentivize newscorp to do? I get the feeling next time they feel like bluffing, someone over there might bring up the three quarters of a billion dollars that they just burned.
I mean I get that this incentivizes plaintiffs to sue when they think they’re getting screwed but… isn’t that a good thing? (That is, isn’t that the whole point of the tort system?)
What I mean is they keep bluffing up until the literal commencement of the trial. The legal process, once underway, should not be treated as an extension of the political poker table.
