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I would think the Astros would file a motion to dismiss based upon the concept that the complaint (lawsuit) fails to allege facts upon which relief (damages) could be awarded. (E.g., damages are clearly speculative [how much did pitching against Astros damage him as opposed to other factors ("By the time he faced the Astros, he was 29 and had recently been converted to a reliever.")].

Even if the case goes beyond the pleadings (e.g., into discovery), the Astros would move to keep those  confidential. That would depend upon the judge and the law applied to the case.

An early settlement simply opens the flood gates to everyone, so I cant see that scenario unfolding. If the case moves towards trial (imo a long shot), a settlement will have confidentiality provisions (assuming state law allows it).

Add onto all the above will be a probable push to arbitrate/mediate. Every state is different in pushing litigants into alternative dispute resolving mechanisms (arbitration and mediation), but most like to push cases there because it unclogs the court. If the case goes into ADR, that will occur in private and be subject to non-disclosure provisions.

In all events, this will play out in years, not months.

 

Last edited by Goosegg

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