In 2010, the state's
The state has been paying those bills since 38 Studios collapsed into bankruptcy in 2012, leaving
This proposed settlement apparently ends Schilling's legal entanglements over the matter. However, settlement documents specify that he and the other company executives will make themselves available to testify at the state's upcoming trial with
In 2014, the same four executives agreed to pay
Schilling and the other 38 Studios executives were not named in the ongoing complaint filed by the
In the proposed settlement filed in court Monday, the 38 Studios executive team denied any wrongdoing. Eight other defendants who reached past settlements in the case also denied wrongdoing.
No court date for Silverstein to consider the settlement has been scheduled. He has approved three prior settlements.
Schilling declined a
"No, I will talk in my forum, directly to the tax paying citizens of
This proposed settlement was the result of court-ordered mediation with retired
The money to pay this settlement would come from the
Lawyers refer to the kind of policy Schilling and his team have as a "wasting" policy or an "eroding" policy. They have one more term for it: a "cannibalizing" policy.
"A cannibalizing policy gives you a total limit of coverage, but out of those limits comes the cost of defense," said
In considering this proposed settlement, the
Reacting to the proposed settlement,
Darigan said he has not asked First Southwest back into mediation, but he hopes to. First Southwest lawyer
As the state's
"A very, very, very small percentage of [civil] cases get resolved at trial," Kuckes said.
Contrary to the way most civil cases play out, she said the 38 Studios proceedings have been unique in that Silverstein made many of the sworn statements and documents produced during the discovery process available for public review.
"I suspect that is much of what would come out at trial," she said.
In addition, she said, First Southwest will now be under "a lot" of pressure to settle as it could be on the hook for the remaining damages if it loses at trial.
-- This report has been updated several times, most recently at
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