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Message: Re: T3....sealed settlements...opty and all.....
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Jan 01, 2012 02:38PM
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<It refers only to the "relief claimed" and the "itemization of damages" (emphasis mine), both of which refer to the allegations of the complaint>

What are you trying to say? The Special Master simply states what the claims are and nothing more? For that he gets $600 per hour?

I Suppose the following has nothing to do with settlement as well

< The pertinent undisputed and disputed points of law, with respect to liability
and relief, including proposed jury instructions;>

I fully agree that nothing in the Special Master's report is going to contain settlement details. What I was suggesting is that whatever is going to be placed in the report will weigh heavily on any settlement terms and imo, will foster a pretrial settlement. If that is true, (feel free to argue the point), then it seems to me that llitigants realize the liklihood of a pretrial settlement and would seek agreement on sealing before they agree to a SM. Again, it is just an opinion, based on what I've read.

And the whole point to this discussion, in case you forgot, is whether a sealed settlement means TPL/PTSC negotiated from a weak position. I simply do not see it that way, and was attempting to state one reason why I don't see it that way.

< I don't know where you got the impression that whatever the Special Master puts in his report can be read to the jury,>

I read it somewhere and will attempt to find it and post it.

Opty

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Jan 03, 2012 12:53PM
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