Trials by jury are becoming a rarer and rarer breed — fewer than 2 percent of filed cases are decided by juries.
The new electronic discovery requirements have made the discovery process financially draining. Plaintiffs and their counsel don’t want to give up the sure thing of settlement and risk getting nothing, and defendants don’t want to risk a big loss, big fines or even prison time, even if they think they have a strong case. Corporations in particular are wary of having a group of laypersons, who hear about a new corporate scandal every day, determine their fate.
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