There is a common perception in complex litigation (not to mention litigation generally) that time favors the defendant. Defendants often counsel clients not to react too quickly: situations that may provoke a fight-or-flight response in the moment often present more strategic opportunities as they unfold. And plaintiffs tend to agree; they often complain that defendants’ primary strategy is just to delay litigation for as long as possible.
But is there any basis for this assumption? After all, there are definite cases–like the motion to strike class allegations, or when plaintiffs try to change their theory late in the litigation… Continue Reading