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Sal Paol: Negotiations to Continue Through Tonight, Breakthrough Progress Made


TylerDurden

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Trying a case in court is all about negotiation. Less than 3% of cases nationally actually get to trial, and less than that get a verdict.

This is how it works. At the beginning of trial a case is valued at let's say $100k. The farther it gets into trial the more valuable that case gets. Most litigators like Smith don't plan on letting this get to a jury - instead they are trying to get farther into trial so the value of their case is higher and they can negotiate a larger settlement. The drawback is you can get a bad witness or have something adverse happen to your case, and all of a sudden the other side is in the driver seat.

In my opinion, Smith and the players had the best chance to get their largest settlement and best deal right after the injunction was granted. Now the owners appear to be in the driver seat because they know this will go on for years and the players don't have the $ to wait it out.

All in all this does not need to be resolved in the courts - that is bad for everyone.

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