<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