Before-and-After Method

Before-and-After Method

Before-and-After Method

The method uses the plaintiff's own historical performance as the baseline, comparing pre-event results to actual post-event results and attributing the difference to the defendant's conduct.

It requires a stable pre-event operating history.

Alternative Names:

Before and After Approach, Historical Comparison Method

Why it Matters?

The method attributes all post-event decline to the defendant, which ignores market conditions, competition, management changes, and general economic movement occurring in the same period. Establishing that industry-wide results declined similarly is the standard rebuttal and frequently accounts for much of the claimed loss. A business already trending downward before the event presents the clearest version of that argument.

Frequently asked questions

What is the standard rebuttal?

When is the method weakest?