"Having worked for the Japanese saving face is a very key component in reaching a settlement."

I think everyone believes that, and I think it's true. To a degree, it's also true of American companies. No company wants to appear "evil".

This brings us to the "on the courthouse steps" aspect. The theoretical last minute, perhaps on the day the jury is to present their findings.

This is why I keep bringing up the filing of a MSJ. As I've mentioned before (and as mentioned by others before me), the moment a MSJ is filed, we're on the virtual courthouse steps. It's the last chance the defendants have to kill the issue (save face) before possibly being declared "guilty" (albeit by the Jydge and not a jury, but with equal - perhaps more - weight).

This is source of much of my anxiousness. Get a favorable ruling re: ACP, then file a MSJ - bingo - settlements. Or so I hope.

Here I must say again that IF by some chance we don't get a favorable ruling on ACP, it just means more time and still probable settlements right up to the moment we're on the real courthouse steps.

JMHOs,

SGE