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Is Settlement Conditioned On Vacatur An Option - Should It Be, Elizabeth L. Anstaett
Is Settlement Conditioned On Vacatur An Option - Should It Be, Elizabeth L. Anstaett
Journal of Dispute Resolution
Currently, whether a court grants or denies a motion to vacate resulting from settlement depends more on the particular court in which the request is made, than on the facts of the case and the effect of vacatur. Courts not permitting vacatur have expressed the fear that parties sensing they are going to lose will "buy their way out of an unfavorable precedent often at the relatively cheap price asked by the single opponent they face in that appeal."1 Other courts routinely grant requests for vacatur. Settlements conditioned on the court's granting vacatur, and thereby avoiding precedent or issue preclusion, …
Valuation Of Cases For Settlement: Theory And Practice, Peter Toll Hoffman
Valuation Of Cases For Settlement: Theory And Practice, Peter Toll Hoffman
Journal of Dispute Resolution
Trial lawyers frequently talk about the value of their cases when they are counseling clients' negotiating with opposing counsel, or conversing with their fellow attorneys. The term "value" may have several definitions when referring to cases, but most attorneys intend it to mean the amount at which they expect a case to settle. However, despite the frequency with which they speak of value, the subject remains cloaked with a miasma of lawyer folklore.