Friday, July 11, 2014

The Warmer the Weather, the Warmer the Negotiations?

The hot weather seems to be going to people’s head even when they are in a nice air-conditioned courthouse. After two very warm mornings of getting to Court bright and early, neither case seems to be much further than it was a few weeks ago.

In one case, although a settlement has been reached long ago, for some reason, the other party refuses to just rip off the band aid, sign the agreement and end the case. Each person has the right to try their case, but when a settlement has been reached, going back to Court every few months is really just a waste of time for the attorneys and the Courts, and it really just benefits the attorneys who get paid for each court appearance. After a few more court appearances, the settlement will be less than the counsel fees.

In the other case, we’re at the other end of the spectrum. As a case begins, there are certain things that have to be done to get things moving, like Court conferences and other filings with the Court (Summons, Complaints, Answers, etc.). Even before those basic things happen, people like to position themselves and posture a bit to see if they can head off the lawsuit or get the upper hand. Unfortunately, these tactics normally don’t work and it appears that everyone is going to get ready to dig in for the long haul of a just commenced lawsuit.

It would be nice to get the second lawsuit settled quickly, but I fear that the hot days of summer will quickly turn into some busy days this fall…

For more entertaining reading to wind down your week, check out this blog post on the poor fella who sued when he was caught napping during a Yankees-Red Sox game on ESPN.

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