Marty gets settlement, no verdict on lawsuit? (Destiny)

by kapowaz, Tuesday, July 22, 2014, 04:25 (3796 days ago) @ Cody Miller

It's telling that Harold Ryan chose to settle in this manner, as it probably means he knew there was a significant chance he would have lost at trial. Interesting stuff, nonetheless.

Not really. The VAST majority of cases never make it to trial. Settling is the more common outcome.

Even if settling is more common, that doesn't negate the fact that Ryan must have suspected he might lose the case:

Under the agreement, Ryan will pay O’Donnell more than $38,385 in unpaid work and vacation time, as well as another $38,385 in double damages. With attorney’s fees and interest, the total judgement for O’Donnell will be $95,019.13.

Based on the above, if he didn't think there was a significant chance he would have lost at trial, it would have made far more sense to fight the case — a $95,000 settlement is a lot more than his legal costs would be if he'd won, especially as in certain cases (particularly those related to contractual rights) the loser might have to pay the winner's legal fees. Just because legal fees are expensive doesn't automatically mean your best option is to settle out of court.