Assessing a Civil Lawsuit: A Comprehensive Early Case Framework

42 questions on assessing a civil lawsuit, answered and cited by the UpLaw editorial team.

• Can a contract clause cap or eliminate the damages a plaintiff can recover?
• Can AI and predictive analytics reliably forecast case outcomes?
• How are damages measured in a breach-of-contract case?
• How does a forum-selection clause affect where a lawsuit is litigated?
• How does assessing a patent case differ from an ordinary civil case?
• How does expected value define a settlement zone, and how does risk tolerance factor in?
• How does IP case assessment differ for trademark, copyright, and trade-secret disputes?
• How is attorney-client privilege protected in a large document review?
• Should a case assessment start with the client's objective or the complaint?
• What are alternative fee arrangements, and what are the main types?
• What are the requirements for federal subject-matter jurisdiction?
• What are the three threshold gatekeeper questions that can end a civil case before the merits?
• What does Model Rule 1.5 require for attorney fees, and when are contingent fees prohibited?
• What filters can shrink a large damages demand to a realistic number?
• What is a concurrent conflict of interest under Model Rule 1.7?
• What is a litigation hold, and what makes one defensible?
• What is a phased litigation budget, and why treat it as a decision tool?
• What is a pre-suit notice period, and how can a defendant use it?
• What is a proof matrix, and why is it the key artifact of case assessment?
• What is a red-team exercise in case assessment?
• What is collectibility, and why must it be assessed before filing suit?
• What is decision tree analysis, and how does it produce a case's expected value?
• What is early case assessment, and how is it different from just answering the complaint?
• What is personal jurisdiction, and what is the minimum-contacts test?
• What is proportionality in discovery under Federal Rule 26(b)(1)?
• What is technology-assisted review, and have courts accepted it?
• What is the difference between specific and general personal jurisdiction?
• What is the standard of proof in a civil case, and when does clear and convincing evidence apply?
• What is third-party litigation funding, and how does it affect case assessment?
• What legal standards govern a motion to dismiss and a motion for summary judgment?
• What limits does the Constitution place on punitive damages?
• What role do expert witnesses and Daubert challenges play in case assessment?
• What sanctions can a court impose for lost electronically stored information under Rule 37(e)?
• When does a claim accrue for statute-of-limitations purposes, and what is the discovery rule?
• When does the legal duty to preserve evidence arise in litigation?
• When should a party consider early ADR, and what hidden costs favor settlement?
• Who bears the burden of proof on a claim or an affirmative defense?
• Who should participate in an early case assessment?
• Why is a legal claim described as a list of elements rather than a single judgment, and what are the elements of a breach-of-contract claim?
• Why is the first month of a civil lawsuit the most consequential period?
• Why should counsel review jury instructions and verdict forms early in a case?
• Why should liability and damages be assessed as separate questions?