The Bengals No-Call Controversy: What It Reveals About Business Litigation
If you’re a Bengals fan, you’re probably still fuming. On a Thursday night game a few weeks ago, on the game’s final play—a two-point conversion attempt to win it —the referees missed two blatant holds and a clear facemask on quarterback Joe Burrow. The Bengals’ chance at victory vanished with no time left on the clock, thanks to no-calls that baffled fans and players alike. The officials, standing mere feet away, seemed paralyzed by the moment.
Sound familiar? In high-stakes moments, decision-makers often hesitate, even when the evidence is clear. And it doesn’t just happen on the football field.
Why Decision-Makers Freeze
A fascinating study by Stanford researchers Etan Green and David P. Daniels explored why people shy away from pivotal decisions. Analyzing over one million Major League Baseball pitches, they found that umpires’ strike zones shrank with two strikes and expanded with three balls. In other words, umpires avoided making calls that could end an at-bat unless they were absolutely certain.
Why? Because the stakes felt higher, and with higher stakes comes greater hesitation. As Green explained, “Oftentimes, umpires face a choice between a call that would be really pivotal and a call that would be relatively inconsequential. What we find is that they err on the side of the inconsequential call unless they’re absolutely certain.”
This hesitation stems from a simple fact: decision-makers, whether they’re referees, umpires, or judges, are human. Most don’t want to risk being wrong when the stakes are high, so they default to inaction—even when logic points to the right call.
The Risks of Letting Others Decide
This same dynamic plays out in business disputes. When companies bring their conflicts to court, they hand their fate to judges and juries who, like referees, are tasked with making decisions under pressure. And while these decision-makers are trained professionals, they don’t know your business like you do. They’re working with limited information, tight timelines, and a mandate to follow the law—not necessarily to ensure a fair outcome for all parties.
Worse, the complexity of business litigation often magnifies the stakes, leading to greater hesitation. Judges may avoid decisive rulings unless they’re absolutely certain, leaving critical matters unresolved or pushing parties toward settlements that don’t fully address their needs.
The Business Litigation Lesson: Don’t Leave It to Chance
In the Bengals game, the referees’ failure to act decided the outcome. But the Bengals played a role too. Their inability to score earlier and avoid a do-or-die play left their fate in someone else’s hands. In other words, they had their chances to not have it come down to one play for the win or loss.
In business, the stakes are even higher, and the consequences of leaving decisions to a court can be far-reaching. That’s why working with experienced business law attorneys is so critical. A skilled attorney can help you anticipate potential roadblocks, navigate complex legal issues, and make strategic decisions to protect your business interests—long before a judge or jury gets involved.
Why Experience Matters
When a business dispute arises, it’s tempting to jump straight to litigation, imagining your “day in court” will bring justice. But rushing to court often creates more problems than it solves. A skilled attorney understands that the best outcomes often come from resolving disputes early—through negotiation, mediation, or carefully strategized legal positioning—long before stepping into a courtroom becomes necessary.
Experienced business lawyers bring more than just knowledge of the law. They know the dynamics of negotiation, the intricacies of your industry, and the best ways to present your case in a way that compels action. They anticipate roadblocks, identify solutions, and guide you through the decision-making process with clarity and confidence. Most importantly, they take a purposeful approach, ensuring you remain in control of your business and avoid leaving critical decisions to chance.
Let’s Keep Your Business in Your Hands
In business litigation, leaving critical decisions to someone else is a gamble. Judges and juries, like referees, are human, and even the best can hesitate in high-stakes moments. By working with an experienced business law attorney, you can take control of the process, ensure your case is presented effectively, and avoid leaving your business’s future to chance.
At Hopkins Centrich, we understand the importance of proactive, strategic decision-making in business law. Let us help you navigate the complexities of litigation and keep your business in your hands—not a referee’s whistle. Reach out today to see how we can help.