On the recordMarch 6, 1995
All of those things play a role in the case, and all of those things need to be taken into account, as they are taken into account right now when you look at determining whether or not you make a settlement offer in a case. The same thing is true right now. If you know that the judge generally tends to favor the plaintiff or the judge generally tends to favor the defendant, you are going to structure your settlement offer differently as a result of that. If you think you have a good jury in a case, you are going to make a good settlement offer than otherwise. All of those factors are true right now. What we are saying is right now there should not be the atmosphere that says there are some litigants in court who are approaching it from the standpoint that it is risk free, either because they are claiming fraud or have a frivolous suit.
Source
govinfo.gov




