Some scholars conted the United Stes is becoming increasingl

Some scholars conted the United Stes is becoming increasingly more litigious. Other scholars believe Americans file no more lawsuits than they did in decades past, but instead contend the perception on increased litigation in the United States is fueled by very large, very well-publicized jury awards to plaintiffs. Consider that roughly only 1% of civil cases filed eventually go to trial. Consider also the other 99% of cases reach resolution through alternative dispute resolution, dismissal by courts, or end for other reson (i.e. lack of funds, public perception, or newly discovered facts).

Hypothesize that you are providing advice to a company (as a manager, owner, or valued employee) that is considering whether to file a lawsuit against or has been sued by another company, customer, or employee. What factors would you evaluate in deciding whether to file, settle, defend, or otherwise resolve a lawsuit? Please give thought to both sides of the coin: as a company considering whether to bring a lawsuit and as company anticipating defese of a lawsuit.

Please be detail when writing out your example, thank you.

Solution

There are important factors to consider for evolution while deciding whether to file, settle, defend or resolve the lawsuit. There are factors to take into account like the merits and the jurisdiction. It is also necessary to take into account the anticipated costs and the legal strategy while filing the case.

It is important to take into account the important documentation and investigate the case thoroughly. This will help to understand the requirements of the case and take the required step.

It is necessary to understand the impact of the settlement and the claims of the employees or the person involved in it.

The merits and demerits of the case need to be taken into account and it\'s appropriate outcome. It is important to understand the plaintiff and its impact it will have.

Sometimes lawsuits are primarily filed for the plaintiff to effectively fulfill personal sense of what is right and wrong. It is made to cover important aspects and how it will have an effect on the case. It would also be not advisable to go ahead with cases that challenge the basic constitutionality of law.

If there are are people who wish to reach resolution then it would be advisable to go ahead with it in case both the parties do not have a problem. Reputation and costs also need to be considered while deciding to choose the decision for filing the case.