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Appellate Practice

Sep. 12, 2013

Complex civil appeals: making the case for settlement

More than 90 percent of civil cases are settled without trial -- but it's quite the opposite when it comes to complex civil matters pending appeal. By Jerome Falk


By Jerome Falk


More than 90 percent of civil cases are settled without trial. By contrast, most civil appeals are briefed, argued and decided by the court. In complex cases in which large amounts of money are at stake, settlements pending an appeal seem to be the exception: such appeals frequently go forward to decision without a serious attempt to settle.


There are many reasons for this. Lawyers and litigants who were unable to settle their case before...

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