Appellate Practice
Nov. 23, 2013
VIDEO: Complex civil appeals: making the case for settlement
More than 90 percent of civil cases are settled without trial. Jerome Falk discusses why it's quite the opposite when it comes to complex civil matters pending appeal.
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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