[BostonCard]

While I would tend to agree with your analysis, the real "fear" ESPN may have is that a jury will not be capable of making a decision based on a "point of law". There are many decisions out there that have cost companies billions that IMO didn't have merit, in some cases due to points of fact that didn't require interpretations. Juries often decide based on 1) their gut feel about who was "right" and 2) whether the defendant has deep pockets and can "easily" afford to pay. Even if the original verdict is appealed and the decision reversed (not a sure thing) it is going to cost buckets of money. ESPN may well decide it isn't worth the risk of losing big. Instead, they may settle for several million and avoid a worst case outcome without admitting misconduct. I suspect that Taylor and his lawyers are expecting this response.

California has a pretty strong anti-SLAPP statute, so I would expect ESPN to try to get the suit thrown out first; failing that, you are right that they may not want to take their chances with a jury trial.

BC

[BostonCard]

While I would tend to agree with your analysis, the real "fear" ESPN may have is that a jury will not be capable of making a decision based on a "point of law". There are many decisions out there that have cost companies billions that IMO didn't have merit, in some cases due to points of fact that didn't require interpretations. Juries often decide based on 1) their gut feel about who was "right" and 2) whether the defendant has deep pockets and can "easily" afford to pay. Even if the original verdict is appealed and the decision reversed (not a sure thing) it is going to cost buckets of money. ESPN may well decide it isn't worth the risk of losing big. Instead, they may settle for several million and avoid a worst case outcome without admitting misconduct. I suspect that Taylor and his lawyers are expecting this response.

California has a pretty strong anti-SLAPP statute, so I would expect ESPN to try to get the suit thrown out first; failing that, you are right that they may not want to take their chances with a jury trial.

BC