Oh, unquestionably 90% of all cases settle. But that's due more to the huge costs of electronic discovery than to the fact that the case should clearly and undeniably be decided one way or the other.

You can be certain that you'll win if you get an intelligent judge, and still settle simply because it costs less to settle than it does to win.

Also, don't forget that in our discussion, I've been oversimplifying by assuming that a case involves a single issue. In actuality, they hinge on 8-15 issues.