perhaps that is why there is a non disclosure, so TPL can sue again if necessary and new defendant would have no idea that there was a contingency clause. Settlement terms for one case do not mean the same for future cases. I don't think it would be Judge Ward's call.
Also, my contingency idea allows for the bulk of the settlement $$$$ to be paid now. I was just thinking, if I were the Js and concerned about the re-exam results and had been trying to stall this case to see if there was a ruling before trial, I might ask to have some money withheld.....just in case.