I'm sitting in a class in which they say more than 90% of all cases settle, and notes that depending on how you split up discovery makes a negative value suit economically reasonable. The vague rulings, those that teeter on the fence, allegedly are a minority of cases - and of those the ones people pursue despite all the related expenses are even smaller.

Or so this guy says in Litigation and Dispute resolution theory. Not an exciting class, let me tell you...during class.