The Importance of Sticking to your Guns

By: Carol Dillon
BleekeDillonCrandall Attorneys

I recently received summary judgment on a case in federal court. What makes this victory all the more sweet is that the federal judge, being a bit stubborn, set the case for two settlement conferences. At the first we offered zero and told the judge we would be filing a summary judgment motion. The judge was not happy and couldn’t believe we wouldn’t just settle a case to get rid of it, rather than spend the money to file a summary judgment motion or try the case. At the second settlement conference, we still offered zero and by this time our summary judgment motion was pending. Not only did the judge still question our position, but he reamed me and my client for not settling the case, which he thought was a bad business decision, since he thought the plaintiff would go away for next to nothing. We explained to him that it was not our strategy to settle cases to get rid of them and that typically begets more cases. The judge was livid. However, three weeks later, we got summary judgment and the case is gone. It wasn’t fun to have a federal judge throw his weight around and question mine and my client’s decisions. But we stuck to our principles and now the case is gone, really with minimal expense. Sometimes it makes sense to settle cases to get rid of them, but if that is not your position, do not let anyone force you into it.