PINTO v. SPECTRUM CHEM. & LAB. PRODUCTS

A-94 September Term 2008

985 A.2d 1239 (2010)

200 N.J. 580

Wilman PINTO and Alvaro Vasquez, Plaintiffs-Appellants, v. SPECTRUM CHEMICALS AND LABORATORY PRODUCTS and Spectrum Chemical Manufacturing Corporation, Defendants-Respondents.

Supreme Court of New Jersey.

Decided January 21, 2010.


Attorney(s) appearing for the Case

Melville D. Miller, Jr., President, argued the cause for appellants (Legal Services of New Jersey, attorneys; Mr. Miller, Ingrid D. Johnson, Stephanie E. Hosea, Sarah S. Hymowitz, on the brief).

Stacey D. Adams, Newark, argued the cause for respondents (Littler Mendelson, attorneys; Ms. Adams and Katy Shi-Klepper, on the brief).

Edward L. Barocas, Legal Director, submitted a brief on behalf of amici curiae American Civil Liberties Union of New Jersey Foundation, John J. Gibbons Fellowship in Public Interest & Constitutional Law, Disability Rights New Jersey, Education Law Center, and New Jersey Appleseed Public Interest Law Center (Mr. Barocas, attorney; Mr. Barocas, of counsel; Mr. Barocas and Michael A. Norwick, on the brief).


Justice ALBIN delivered the opinion of the Court.

Parties to a lawsuit, generally, are free to negotiate the terms of a settlement in the way they see fit. The plaintiff, typically, will discount the maximum value of the case by factoring the probability of an unfavorable verdict and a low damages award. The defendant likely will accept a financial settlement that is worth the risk of averting an unfavorable judgment, a high monetary award, and protracted legal expenses...

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