bingo
Not true. In a defamation case, like bringing a he said/she said case, the prospective plaintiff is firmly warned that their existence is going to be blown wide open and to understand the risk of filing a case. Only the client has that information, not the lawyers. Secrets will not remain secrets. In this case discovery was over. There may have been trial surprises. But both sides have 90%+ of what the law would allow. Fox messed up; they believed the Kraken even when there was nothing to show. It was made up. And then they distributed the lie without asking for proof or having confirming sources.