Took a quick stroll down memory lane to see when the J3 settlement came with respect to the scheduled trial start as a reference to how current events might unfold. Reading some of the posts, it's entertaining at the minimum.
http://agoracom.com/ir/patriot/forums/discussion?message_id=664949#message_664949
Last time, if memory serves, the trial was to start sometime in early January, and I believe a stay in the proceedings was issued somewhere around the first or second week of December. Essentially as the stay was about to end or had just ended, the settlement motions were filed. Considering we're 2 weeks from the start of jury selection, and no stays have been issued, I'm assuming that there won't be any SERIOUS settlement talks until the MSJ is ruled on.
If the MSJ is ruled on in our favor, and a stay in the proceedings is issued sometime thereafter, I think it's safe to say someone blinked and will be at the settlement table. I would hope that, even if we are amenable to a settlement, we don't agree to any stays in order to keep the pressure on the other side.
2 weeks or so left for the Goliaths to pull the trigger on a Risk Management strategy that would limit their exposure to something they control, instead of a process on which they have much less control. The fact that the US economic environment is as it its, would, IMO, make the T3 entities a much less sympathetic group of players if this comes down to jury deliberations and damage awards. Obviously, my opinions, but I would think that while the Goliaths would want to pay NOTHING, they'd much rather FIX their exposure to a specific amount, than risk a much higher level of exposure should we prevail in the court room and the jury deliberation room.
With that said, and knowing what I know about our side because of this ride from hell, I'll predict IF the MSJ is denied, we'll see a settlement(s) announced on 9/24. Not what some want to hear / see, but IMO, the most likely scenario.
Thoughts?