Court litigation is largely controlled by statutory and procedural rules.

In court litigation, significant expenses are devoted to pre-trial discovery processes, such as
written interrogatories and depositions of witnesses.
in many courts, no individual judge is assigned to a case and, therefore, multiple judges may be
involved in adjudicating pre-trial disputes. The judge is assigned by the court without input from
the parties.
When in court, judges decisions are constrained by statutory and case law and the conduct of the
trial is governed by established rules of evidence.
trial court verdicts are not easily reversed, judges sometime make mistakes and the ability to
request a review of a decision by an appellate panel is an important procedural safeguard.

plaintiffs counsel makes the first move. The party making the
first move in a competitive event, whether playing the white
pieces in chess or serving in a tennis match, enjoys a distinct
tactical advantage.
The party making the first move can force the adversary into a
defensive posture. Maintaining this advantage places pressure
on the opponent, controls the action, and reduces response
time and options. Maintaining the litigation advantage is
counsels overriding objective throughout a products liability
lawsuit.
The proper handling of a products liability lawsuit must build
on the plaintiffs inherent advantage of going first. You must
dictate the action by controlling the timing and sequence of
discovery, thereby placing the defendant manufacturer in a
defensive/reactive position throughout the entire lawsuit. If
you do this, the prospects for a successful resolutionby
verdict or settlementare immeasurably enhanced.