Commencing a Federal Lawsuit: Initial Considerations

by Practical Law Litigation

A Practice Note explaining the key issues that plaintiff's counsel should consider before commencing a lawsuit in federal district court. This Practice Note guides counsel on strategic pre-filing evaluations. These include assessing the merits and cost of litigation and the plaintiff's ability to collect on a potential judgment. The resource reviews whether a pre-suit notice letter should be sent and how to identify all necessary parties. It outlines the critical procedural hurdles of establishing federal subject matter jurisdiction, obtaining personal jurisdiction over defendants, and determining proper venue. This Practice Note also helps counsel anticipate potential affirmative defenses and counterclaims from the defendant