Ethical Dilemmas In The Court - 759 Words

The setback at the Second Circuit and ambiguities created by Amex make predicting the case’s outcome precarious. . But having previously forecast the timing and range of the 2012 settlement with reasonable accuracy, we will risk looking into our crystal ball again with the strong caveat that many factors – the case’s multitude of counsel, shifting case law, industry agendas, and evolving payments systems – render these informed guesses at best. 1. Settlement Timeline Possibilities The Court’s August 24, 2017 Scheduling Order locks the case into a litigation timeline that includes some critical milestones but leaves others still undecided. . In the short term, we anticipate that the Court will rule in favor of allowing the proposed†¦show more content†¦. The previous hearing was originally scheduled fifteen months after the opening brief, but the parties at that time were litigating the case for the first time, and under little time pressure from the Court or the class. . When the litigation did have a set trial date, the dispositive and expert motions were heard roughly 10 months after they were filed. . Applying that schedule, we can estimate a hearing roughly a year after the opening motion is served, August 2019. . In most class actions, class certification is one of two litigation events that focus the parties on reaching a compromise (the other being trial). . The incentives to settle in Visa Interchange arising from class certification are significant. . As to the Plaintiffs, the failure to certify the class could be catastrophic unless reversed on appeal, leaving them with few settlement options. . Their case would be split into potentially thousands of individual actions. . On the other hand, a certified class would increase Defendants’ risk enormously. It would pave the way for a jury to potentially rule against the network rules that generate tremendous fees for Defendants, most notably the default interchange fee. . 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