I choose to not think about Ifs and to react to IS when it happens. My call would be that it would be lose a battle, but not the war, albiet an important battle. Each battle win strenghens our negotiating position and increases our chances of settlements and each battle loss does the opposite. Win enough battles = win the war and you know what the opposite of that is. Being in a court is a precarious position for both sides mainly because your fate is in someone else's hands.