We have a case going to trial soon. I think we have a decent chance but a lot of obstacles. I don't think it's a case for the jury and defense is threatening to pull their very real offer because they are about to dump a lot of money into the case. I personally haven't had an offer pulled from me but has anyone here had that happen? Or is it a bluff? Thanks, all!

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Having been on both sides it definitely can happen if D feels they’ve given a fair offer and calculated and accepted risk, especially if either you or your client are seen as unreasonable. But depends on the defendant, who would be responsible for a judgment, insurance involved, the risk to the insured. If it’s a D that has a board and owes any kind of fiduciary duty or is sensitive to publicity they could throw money at you the day before jury selection.

Is a bench trial an option? Is it contacts or products liability? plaintiff perspective - everyone should be on board to try it and prepared to get 0, if DC smells even a bit of wavering they’ll play games.

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Can you do a cheap focus group? Is there a possibility of a high low? Will your client get stuck with fees?

I've had offers pulled from me but it's rare. If they're affirmatively threatening to do it though, yeah, it could be a legit threat.

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