Ekat stated that apparently “a settlement was proposed and failed” as her interpretation of the unsuccessful negotiation. I rephrased her statement as “SGF attempted to settle”.
Typically yes, although the judge can rule differently. And I am wondering if this one may be picked up and streamed, as a follow-up to the criminal trial.
I do not think @eggbutt is your dear, but that is between you two.
Are you truly not seeing how “a settlement was proposed and failed” does not equal “SGF attempted to settle”?
An example of how they are not the same thing.
A settlement was proposed by the lawyers for Lauren Kanarek and SGF refused their offer and wants to move on to trial.
Not even close to “SGF attempted to settle”.
I do give you credit for your ability to twist things into things that are not facts and then pretend they are facts. The movie in your head must be much more twisted than real life.
You stated that “a civil suit is settled by trial in civil court”. I asked why you made that statement, given that - as you claim to be aware as well - that most civil suits settle before court. So a civil suit CAN be settled in court, but it is not a requirement, and many parties bringing on a suit are doing so with the hopes of settling.
It does matter, and multiple experts testified that he passed psychological exams designed to indicate if someone is falsely claiming a lack of memory.
To me, the interesting thing is that comment about having to file those compel documents for the criminal trial is the implication that they came exclusively from the prosecution and there was concern that none of their witnesses were going to come up from FL. The idea that George Morris was a prosecution witness is a particularly interesting and chilling thought considering his background and the arguments that were implied surrounding him.
The party line given here was that this was a standard procedure to get travel expenses paid for. I would think SGF has experience in compelling out of state witnesses in order to be able to comment that this was not a standard procedure…
And all this medical stuff aside.
There is the fact that having the inability to remember only made Michael’s case harder to prove, not easier. So why claim something that limits your ability to defend yourself?
Another thing I’ve said is that my reading of news coverages of civil trials leads me to believe that juries are much more willing to sock big monetary judgements against insurance companies and big corporations as opposed to actual human beings like MB and RC. MB had suffered a mental breakdown and is a sympathetic figure; RC committed a horrible error in bringing the gun, but came off in the trial as a sympathetic elderly woman who had no clue her gun would be used as it was. While I think MB and RC are the ones more directly responsible for LKs injuries, much more responsible than SGF LLC, I think the institutional nature (as opposed to humanity) of the liability insurer for SGF makes SGF the potentially big payer here.
Obviously, they will first try to get excused as a defendant if they possibly can.
If they can’t get a summary judgement, I think they’ll settle or go to trial depending on whichever is cheaper for them. Of course going to trial involves a lot of risk as to the judgement as well as the legal expenses.
However, SGF being able to settle is complicated by the fact that they are not only defending themselves but cross claiming against MB.
This thing is still a long way from going to trial given that no one knows when MB will be able to be deposed. I guess I still think it will be settled rather than tried, just because most cases are settled.