Originally Posted by Andrew H.
Kohn is really reaching.
But the defendants here were entitled to a trial or to settle, and chose to settle. Any appeal of the court's opinion will need to be based on the propriety of accepting the settlement (i.e., whether the terms and conditions of the settlement are reasonable in light of the harm). You can't appeal on the basis that, if there had been a trial, there was an argument you could have might have permitted you to win. The defendants chose not to have a trial; Kohn can't force them to.
To put it another way: 6 crooks pull off a heist and are brought in for questioning. Confronted with the prosecution evidence, three choose to accept a plea bargain and the other three want the courts to reject the plea deal.
What are the odds any court of appeals is going to buy any argument?
Not very good as long as the settling parties don't gripe.
Today's news of Harper Collins discounts all over suggest *they* are ready to move on instead of going down, guns blazing.