What Is Litigation and How Is It Used in U.S. Courts?

Table of Contents

What Is Litigation? A Primer on U.S. Court Procedures and Legal Terminology

High-Profile Litigation Cases Illustrating the Power of U.S. Courts

How Litigation Functions in U.S. Courts?

Litigation’s Expanding Role

Legal Technology: Easing Litigation Workflows in 2025

Conclusion: Litigation as a Cornerstone of Justice and Accountability

What Is Litigation and How Is It Used in U.S. Courts?

Litigation is the formal process of resolving disputes through the court system, where parties present their claims and defences before a judge or jury. In the United States, litigation serves as a fundamental mechanism to enforce rights, interpret laws and hold individuals or entities accountable. But what exactly is litigation, how does it work in U.S. courts and why does it matter so much today? This article answers these questions by diving into some of the most compelling recent cases, illustrating how litigation shapes the legal landscape and impacts society.

What Is Litigation? A Primer on U.S. Court Procedures and Legal Terminology

Litigation generally begins when a plaintiff files a complaint alleging wrongdoing by a defendant. The process unfolds through several stages: pleadings, discovery, pre-trial motions, trial and potentially appeal. Key legal terms include:

Plaintiff: The party initiating the lawsuit.
Defendant: The party defending against the claim.
Discovery: The exchange of evidence and information.
Summary Judgment: A pre-trial motion to resolve the case without a trial.
Class Action: A lawsuit where one or more plaintiffs represent a larger group with similar claims.
Damages: Monetary compensation sought by the plaintiff.

Litigation can be civil or criminal, but this article focuses on civil litigation, where private parties seek remedies for disputes such as contracts, torts or regulatory violations.

High-Profile Litigation Cases Illustrating the Power of U.S. Courts

1. The Public Institution for Social Security v. Al Rajaan: Unraveling a £1.2 Billion Fraud

One of the largest ongoing fraud cases in the Commercial Court involves Kuwait’s Public Institution for Social Security (PIFSS) suing its former Director General, Fahad Al Rajaan and others for allegedly accepting unlawful bribes over three decades. This case, set for a 12-month trial starting March 2025, highlights litigation’s role in addressing complex financial misconduct and recovering billions lost to corruption.

2. NMC Health v. Ernst & Young: Professional Negligence in a $2.7 Billion Fraud

NMC Health PLC, a major healthcare provider, alleges that Ernst & Young failed to detect a multi-billion-dollar fraud hidden in the company’s balance sheets. The 13-week trial scheduled for May 2025 exemplifies how litigation holds auditors and professionals accountable for negligence that can devastate companies and investors.

3. R (on the application of Al-Haq) v. Secretary of State for Business and Trade: Geopolitics Meets Litigation

This politically charged case challenges the UK government’s suspension of arms exports to Israel, focusing on whether fighter jet parts excluded from the suspension violate international humanitarian law. With a 16-week trial slated for June 2025, it demonstrates how litigation can intersect with international law and human rights.

4. Dieselgate Emissions Litigation: The Pan-NOx Group Action

The Pan-NOx Emissions Group Litigation involves class actions against major automakers like Peugeot Citroën and Fiat Chrysler for violating emissions regulations. These mass torts showcase litigation’s ability to address widespread corporate wrongdoing affecting public health and the environment.

How Litigation Functions in U.S. Courts?

In U.S. courts, litigation is governed by procedural rules designed to ensure fairness and efficiency. After filing, parties engage in discovery, where they exchange documents, take depositions and gather evidence. Motions can be filed to resolve issues before trial, such as motions to dismiss or for summary judgment.

Trials involve presenting evidence, examining witnesses and legal arguments. Verdicts may be subject to appeals, where higher courts review legal errors or procedural fairness. Litigation lawyers specialize in navigating this complex process, advocating zealously for their clients.

Litigation’s Expanding Role

Recent years have seen litigation expand into new arenas:

Corporate Fraud and Professional Negligence: Cases like NMC Health v. Ernst & Young hold auditors accountable for failing to detect fraud.
Class Actions and Mass Torts: Litigation lawyers represent large groups harmed by defective products, environmental damage or data breaches.
Regulatory and Governmental Disputes: Litigation challenges government actions, such as arms export controls or pandemic-related contracts.
Whistleblower Suits: Increasingly, litigation is used to expose corporate misconduct under statutes like the False Claims Act.

These developments underscore litigation’s critical role in enforcing laws and delivering justice.

Legal Technology: Easing Litigation Workflows in 2025

Litigation is notoriously time-consuming and expensive, with document discovery and case management among the biggest challenges. Legal tech nology, particularly AI legal assistants ,is transforming this landscape by automating routine tasks and providing data-driven insights.

For example, tools like NexLaw AI streamline discovery by quickly drafting and reviewing documents, reducing human error and accelerating case preparation. This allows litigation lawyers to focus on strategy and advocacy, improving outcomes while controlling costs.

Conclusion: Litigation as a Cornerstone of Justice and Accountability

Litigation remains a powerful tool in the U.S. legal system to resolve disputes, enforce rights and uphold the rule of law. From billion-dollar fraud trials to landmark human rights challenges, litigation lawyers navigate complex procedures and high stakes to deliver justice.

As legal battles grow more intricate, embracing technology like NexLaw AI is essential for law firms and litigators seeking efficiency and competitive advantage.

Are you ready to revolutionize your litigation practice? Discover how NexLaw AI can help you win cases faster, reduce costs and stay ahead in today’s demanding legal environment. Request your demo now and experience the future of litigation.