One other thing that people might consider: if Moore has filed a jury notice, the case will be decided (if tried) by 6 people who are unlikely to be more than casual hockey fans. We tend to get used to some of the stuff that goes down on the ice, and some here see this as little more than a regrettable instance of a player going over the line. A jury is unlikely to see it that way. I know the people I spoke to after the hit who were not hockey fans were completely disgusted.
About 95% of civil cases are settled without a trial. I'd say the chances of this one ever reaching a courtroom are even less than 5%.
Whether Orca Bay and the Canucks are self-insured to any degree or not, I would expect them to have seperate counsel. At a certain point, there will be some interesting discussions between Bert's the Canuck's lawyers about who is going to pay what portion of any settlement. The case against Bertuzzi is obviously the simpler and easier to prove. And it would be a lot easier for the Canucks to take a hard position (to contribute little or nothing) if Bert were off the roster. If he's on the roster, and considered an important part of the team going forward, it get's more difficult to say "Bert, this is your baby".
Here's a neat scenario (though a stretch): the Nucks think they don't have much risk in the case (exposure to pay damages). So they move Bertuzzi at the deadline or during the off-season, and their lawyers take a hard position in the lawsuit ("we'll chip in a few nickels, but Bertuzzi's gotta pay the bulk"). Bertuzzi gets good advice, and enters into a deal with Moore's lawyers. The deal provides that Bert will pay a certain sum (say, 3 million), and in exchange, he will cooperate with Moore in proving the case against Orca Bay. Bertuzzi's evidence is now a little different ("I was never explicitly told to tone it down, or discouraged in any way from exacting the revenge that had been talked about in the press"). Bertuzzi's exposure gets capped at 3 million, and the deal provides that anything Moore gets from the Canucks above the 3 is shared 75/25 (just for example) with Bertuzzi. If Moore get's an additional 4 million from the Nucks, Bert gets a million back, and Moore gets the balance, bringing his total recovery up to 5 million (2 from Bert and 3, effectively, from the Nucks). Everybody's happy.
I think it would be a nice switch to see Moore and Bertuzzi on the same side, don't you think?