Tell the story behind the litigation: At the heart of litigation efforts are stories of injustice to real people. Our campaigns have sought to use the emotional resonance of the injustice of real stories as crucial ways to make our case and grow support. Edie Windsor in the DOMA case was a compelling figure – and with a smart media strategy behind her, her story became a face of the injustice of DOMA and the need to dismantle it once and for all. While the media loves covering the ins and outs of the court process and politics, what moves hearts and minds are people’s actual stories. It’s certainly wise to elevate the story that’s being discussed in the litigation. It’s also wise to identify and amplify similar stories of injustice in the state and across the country similar to the story being considered in court.
In almost all situations, a negotiated solution to a dispute is quicker, less expensive and more private than litigating in court. Often, judges require litigants to attempt to reach agreement using a trained facilitator called a mediator before they will be allowed to move forward to a courtroom trial. Take full advantage of the available opportunities for mediation. Cooperate fully with the mediator's requests, and see if it's possible to arrive at a negotiated deal that both you and the other side can live with.
I watch the federal courts closely and became aware over time that the administration was being challenged in court on almost every important policy and deregulatory decision and that U.S. district court judges, who ordinarily defer to the government in most of these challenges, were no longer doing so. Deanna Paul and I began keeping track of the adverse rulings. I’ve been watching regulation and courts for a very long time, and the numbers of defeats were well beyond anything I had seen.
Lawsuits can become additionally complicated as more parties become involved (see joinder). Within a "single" lawsuit, there can be any number of claims and defenses (all based on numerous laws) between any number of plaintiffs or defendants. Each of these participants can bring any number of cross claims and counterclaims against each other, and even bring additional parties into the suit on either side after it progresses. In reality however, courts typically have some power to sever claims and parties into separate actions if it is more efficient to do so. A court can do this if there is not a sufficient overlap of factual issues between the various associates, separating the issues into different lawsuits.