| name | verdict-judgment-summary |
| description | Produces structured post-trial verdict and judgment analysis memoranda for commercial litigation. Triggers when summarizing a jury verdict, bench trial decision, post-trial motion assessment, or appellate viability review. Covers liability determinations, damages breakdowns, critical rulings, and post-trial strategy. |
| tags | ["analysis","litigation","summarization","summary"] |
Verdict/Judgment Summary
Produces an internal strategic memorandum analyzing a completed trial outcome, assessing post-trial options, and charting next steps.
Prerequisites
Gather before starting — flag any missing items:
- Verdict form or written judgment — exact findings, conclusions, awards
- Trial transcripts — key rulings and testimony (full or partial)
- Trial team notes — observation memos, jury reaction notes
- Docket entries — MIL orders, evidentiary rulings, jury instruction disputes
- Comparable verdict research — jurisdiction-specific damage benchmarks
Quick Start
- Extract all findings and awards from the official verdict/judgment
- Map each claim to its outcome with exact verdict-form language
- Tabulate damages by category with evidentiary basis
- Catalog outcome-affecting rulings and preservation status
- Assess post-trial motions and appellate viability
- Compile deadlines and recommendations with cost-benefit analysis
Output Structure
1. Executive Summary (3 paragraphs max)
| Element | Content |
|---|
| Prevailing party | Which party prevailed on which claims |
| Financial outcome | Total award, net result after offsets |
| Bottom line | One-sentence strategic takeaway |
2. Liability Determinations
Per claim tried:
- Outcome (sustained/defeated)
- Exact verdict form or judgment language
- Fault allocation among parties (comparative negligence/multiple defendants)
- Special interrogatory answers revealing jury reasoning
- Claims with liability but no damages — analyze why
3. Damages Breakdown
| Category | Amount | Basis |
|---|
| Economic (wages, medical, property) | $ | |
| Non-economic (pain/suffering, emotional distress, consortium) | $ | |
| Punitive | $ | Malice/fraud/oppression findings; ratio to compensatory |
| Statutory caps or remittitur | $ | Legal basis |
| Total | $ | |
4. Critical Trial Rulings
Per outcome-affecting ruling:
| Ruling | Court's Reasoning | Standard | Preserved? | Appellate Impact |
|---|
| MIL on [topic] | | | Y/N | |
| Expert exclusion | | | Y/N | |
| Jury instruction refusal | | | Y/N | |
| Directed verdict denial | | | Y/N | |
Flag rulings deviating from jurisdiction precedent or involving novel statutory interpretation.
5. Post-Trial Motion Assessment
JMOL / JNOV (FRCP 50(b) or state equivalent):
- Could a reasonable jury have reached this verdict?
- Legally inconsistent findings?
- Success likelihood: High / Moderate / Low
New Trial (FRCP 59 or state equivalent):
- Prejudicial evidentiary errors?
- Improper jury arguments?
- Procedural irregularities affecting substantial rights?
- Success likelihood: High / Moderate / Low
Remittitur / Additur:
- Award outside range supported by evidence?
- Comparable verdict benchmarks in jurisdiction
- Alternative damage figure with evidentiary support
For each motion assess: legal merit, judge's tendencies, practical likelihood of relief.
6. Appellate Viability
| Issue | Standard of Review | Preserved? | Precedent Conflict? | Reversal Probability |
|---|
| De novo / Substantial evidence / Abuse of discretion | Y/N | | High / Moderate / Low |
- Unpreserved issues: assess plain error or fundamental rights alternatives
- Recent appellate decisions on similar questions in jurisdiction
- Candidly assess genuine reversal prospect vs. delay
7. Recommendations and Deadlines
| Action | Deadline | Recommendation |
|---|
| JMOL/JNOV motion | 28 days federal / jurisdiction-specific | File / Do not file |
| New trial motion | 28 days federal / jurisdiction-specific | File / Do not file |
| Notice of appeal | 30 days federal / jurisdiction-specific | File / Do not file |
| Settlement outreach | [date] | Pursue / Hold |
| Client communication | [date] | Talking points |
Include cost-benefit analysis: post-trial expense vs. financial stakes, client risk tolerance, business objectives, reputational and precedential impact.
Pitfalls and Checks
- Cross-reference everything — verify every figure, date, and finding against official judgment before finalizing
- Analyze, don't describe — explain why the verdict emerged (trial dynamics, credibility, evidence strength), not just what happened
- Stay candid — flag weaknesses even in favorable verdicts; maintain objectivity regardless of outcome
- Deadline vigilance — post-trial deadlines are jurisdictional and non-negotiable; always VERIFY for specific jurisdiction
- Accessible executive summary — must be comprehensible to attorneys who did not attend trial and non-lawyer clients
- Prediction divergence — where outcome differs from pre-trial assessment, analyze contributing factors
