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Litigation Products Liability

Winning on the Road

Facing the prospect of a trial in a supposedly unfavorable venue, many defendants will agree to settle to avoid an unknown but potentially expensive and reputation-harming verdict. The authors describe what they think is a better way.


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Many in-house counsel and outside lawyers have experienced something like the following: After navigating your client’s defense-side civil case through months or years of contentious discovery, the plaintiff survives summary judgment. Nevertheless, you and your client remain confident that the law and the facts are on your side. There’s one big problem, though. Your client faces a jury trial in an unfamiliar jurisdiction, where a jury might be inclined to side with the plaintiff’s David over your client’s Goliath, and as the old adage goes, “The only certainty with a jury is uncertainty.

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