>parties also routinely will make serious efforts to settle any high-stakes litigation at various critical points but here it was all scorched-earth all the way

>parties also routinely will make serious efforts to settle any high-stakes litigation at various critical points but here it was all scorched-earth all the way to the bitter end with no prospect of the parties achieving a reasonable settlement along the way. Here in FL where the case went to trial we have the proposal for settlement rule and an Offer of Judgment Statute. Obviously Gawker couldn't have forced a settlement but if they really wanted to settle it, Gawker could have potentially recouped their legal fees for the continued litigation. Alternatively, they could have simply accepted liability/default judgment and moved to the damages phase, saving themselves untold legal fees in defending the case. Of course it is easy to Monday morning quarterback these things after you have availed yourself to all potential legal defenses and still not happy with the result.