Show of hands: How many people reading this are old enough to remember when civil litigation actually resolved disputes? Okay, sure, there are pockets of that happening. In the part of the U.S. Justice Department where I started out, they still have cases that everyone knows will not settle. To settle those cases, someone would have to say: "Let's just agree that the statute is half unconstitutional." And, of course, cases do get resolved when someone wins on a motion to dismiss or summary judgment. But when commercial cases involve factual disputes, the statistics are staggering.
展开▼
