MGM’s litigation offensive might seem like an odd juxtaposition of legal strategy—suing the victims. Yet, despite public outrage over MGM’s novel legal move, it represents the first time the SAFETY Act has been litigated, moving the cases and the enigmatic statute into uncharted legal territory, and will remain so for the foreseeable future. Shortly after MGM filed the lawsuits, it decided to switch gears and move from litigation to mediation. So, it is now behind closed doors working to hammer out a settlement rather than litigating issues of first impression which…