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Litigation is a Process, or “Don’t Spend That Money Until the Last Appeal Date Runs Out”

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T.J. Simers, late of the Los Angeles Times, was a talented sports columnist until he was no longer there. He said he was constructively discharged and discriminated against for his age. He sued and got a substantial verdict before an L.A. jury.

Stack of newspapers

As reported in the Times, the trial judge cut the verdict dramatically, finding no evidence of constructive discharge, but left in place the discrimination count.

Big verdicts are oft-reported; subsequent court actions, not so much.  My torts professor pounded into our heads that litigation is a process. Turns out that when he was in private practice, he bought a nice boat on the strength of a substantial trial verdict, only to have the trial judge overturn the jury finding on the basis that there was no substantial evidence to support it.

Why do so many cases settle? Because of events like this. Keep in mind that the trial judge is always the 13th juror. By the way, the Times is still not happy with the result and has promised an appeal. Happy New Year.


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