Re: 281 cases settled
Unfortunately the story about the 281 cases doesn't say, but I bet the settlements were on the basis of "No admission of wrongdoing" or similar. That settlement may not be admissible evidence in court against IBM but it can only show them in a bad light. If you have done nothing wrong why settle so many claims, indeed any claims at all?
I think this, in the third paragraph from end, is instructive: ""I believe IBM is at significant risk," said Musell.". I can only hope the guy in question is swayed more by the potential $$$$$$$$$$ from punitive damages at trial, not to mention the pleasure at opening the floodgates to many more cases and claims, than the $$$$ IBM's Lawyer department will try to offer him to settle.