Since then, lawyers have struggled to find a basis on which to conduct settlement negotiations. As with any litigation, the plausibility of the claim influences the amount. Employers are unlikely to settle a claim they?re convinced they could beat in court for anything more than a ?nuisance? payment of some $5,000 or so. (Kraushaar?s settlement was well in excess of a typical nuisance settlement.) If a plaintiff actually files her claim in court, forces the employer to respond to a couple of motions, and survives a motion to dismiss, the settlement will be higher as a result.
Source: http://feeds.slate.com/click.phdo?i=1c256d908d7a9f50f9d4a79ad7d06664
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