Finally, and more importantly, there is a pervasive sense throughout the three judge panel’s opinion that if parties can’t settle without requiring an admission of liability, then parties are unlikely to try to compromise. This practical and common sense observation suggests that the three judge panel saw nothing wrong at any level with a settlement in which there has been no admission of liability. This reasoning may prove to be the most important to the merits panel.
‘Enforcement 40’ for 2020
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