re: If someone worked for a company like ESPN and they allowed certain employees

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This hypothetical case would never make it to trial. It'd be settled loooooooong before any jurors were involved.

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You must always assume every case is going to trial, and you have to be thinking about the jury from day one. . No exceptions. 95% will settle out but you have to always assume this case will be part of the 5%. Especially true on a controversial case like this.

Anyway, the amount of any settlement is based on what a jury would be likely to award (and the perceived likelihood that the judge would grant summary judgment). If the defense thinks a jury will pour you out, they won't offer any money. If the defense is concerned about what the jury might do, they'll want to come to the table.