Last Friday's NYT (8.8.08) included a lead story in the Business section (at C1) on a forthcoming JELS article. The subject of the NYT piece--a forthcoming article in 5:3 JELS (Sept. 2008)--reports results from a study of the financial consequences of case settlement decisions. To better assess the financial cost of going to trial, the study analyzes cases in which a settlement offer was considered, but rejected in favor of proceeding to either arbitration or trial. The findings reveal the influence of contingency fee arrangements and the availability of insurance coverage on plaintiff and defendant settlement decisions, respectively.
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