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Going To Trial: A Rare Throw Of The Die, Samuel R. Gross, Kent D. Syverud Jan 1997

Going To Trial: A Rare Throw Of The Die, Samuel R. Gross, Kent D. Syverud

Law Quadrangle (formerly Law Quad Notes)

Few of the suits that are filed continue to trial, but some plaintiffs and defendants find their interests served best by going to trial.

This essay is adapted from "Don’t Try: Civil Jury Verdicts in a System Geared to Settlement," appearing in 44 UCLA Law Review 1 (1996). Publication is by permission. A complete, fully cited version is available from the editor of Law Quadrangle Notes.

If it is true, as we often hear, that we are one of the most litigious societies on earth, it is because of our propensity to sue, not our affinity for trials. …