Blame it on "settlements" and the existence of insurance. Most of these types of lawsuits are brought with the primary goal of having the case settle on the proverbial "courthouse steps." The business decision of weighing the risk and exposures by both sides usually drives the parties to reach an economic settlement. Remember that perhaps 90% of all civil actions never go to trial, but are resolved through dismissal or settlement and it's not hard to see why. The plaintiffs don't have any money invested in the case and generally aren't liable for the other side's attorney fees if they lose, unless there are specific provisions for that payment. So, what do they have to lose?