Why Some Lawsuits Take a While to Resolve

Although televisions shows and movies sometimes depict lawsuits resolving in a seemingly short amount of time, the fact is that litigation can take a long to reach a resolution.  Indeed, it is not uncommon for lawsuits to be pending for a few years before a resolution is reached, and some lawsuits can take far longer before the case settles or is tried in court.  Nevertheless, there are certain factors which impact why some lawsuits take a while to resolve that litigants should keep in mind.

Bankruptcy

Bankruptcy is one of the biggest reasons why some lawsuits take a while to resolve.  When a party files for bankruptcy, a stay is put in place pausing all litigation involving the bankrupt entity.  This is because the bankruptcy process needs to play out and individuals with claims against the bankrupt party need to seek relief from the bankruptcy court.  Parties may be able to ask the bankruptcy court for special permission to continue litigation against the bankruptcy party, but a special showing must ordinarily accompany such a request.  It is also possible to sever the case against the bankrupt party if multiple defendants are involved in a matter so that litigation can move forward against the parties that have not declared bankruptcy.  In any case, bankruptcy can oftentimes be a complicated process, and litigation can grind to a halt if one of the parties declares bankruptcy.

Death of a Party

Another reason why some lawsuits take a while to resolve is because one of the parties passes away.  If a litigant dies, lawsuits involving that party need to be put on hold.  There is an old expression that “earthly courts have no jurisdiction over the dead” and as a result, litigation cannot continue against a deceased party until a living representative of the deceased can be substituted into the lawsuit.  Generally, an executor of a person’s estate can be substituted for the deceased party after the executor has been duly appointed.  In addition, even if the deceased person does not have a will, an administrator can be appointed for the purpose of continuing litigation on behalf of the estate of the person who died.  Of course, it takes time for the probate process to play out, and for representatives to be duly appointed on behalf of the deceased, and until this process is complete, lawsuits will generally be put on hold.

Early Appeals

A further reason why some lawsuits take a while to resolve is due to early appeals field by a party.  Some states and the federal system usually only allow appeals after a final judgment has been entered in a case.  However, some states allow parties to appeal orders of courts at almost any time in the litigation.  Taking an appeal could stay parts of the lawsuit from going forward, because courts do not want to make decisions that can be rendered moot by a later decision of an appeals court.  In addition, the appeals process can take a long time to finish, and in some jurisdictions, it is not uncommon for an appeal to take a year or longer to be fully resolved.  Because of the length of the appeals process and the effect of an appeal on a case, filing an appeal can impact the amount of time it takes to resolve a lawsuit.

Dispositive Motions

The filing of a dispositive motion, like a summary judgment motion or a motion to dismiss, are another reason why some lawsuits take a while to resolve.  At various stages of a lawsuit, parties are allowed to ask the court to dismiss the lawsuit before the case is heard before a jury.  It oftentimes takes weeks if not months for such motions to be briefed and argued.  Moreover, it can take another long period of time before the parties learn of the decision of the court.  In some cases, lawsuits are virtually suspended until a court rules one way or the other on one of these motions.  Since the resources of the parties may be drained by arguing such motions, and the case may be suspended after such a motion is filed, dispositive motions can lengthen the amount of time it takes to resolve a lawsuit.

Jury Demand

A jury demand may be another reason why some lawsuits take a while to resolve.  Parties are generally permitted to request a jury to resolve some issues involved in litigation.  If a case involves a jury demand, it can take some time for a trial to be scheduled and held.  This is because there are limited resources available to hold jury trials, and there are often a number of lawsuits at any given time that need to be heard by a jury.  However, parties are often able to waive the right to a trial by jury in a contract or other stipulation, and if this is the case, the trial will take place in front of a judge.  These so called “bench trials” are often scheduled sooner than jury trials because they require less preparation by court staff and attorneys.

The Rothman Law Firm is experienced with all types of lawsuits, and we know how to expedite litigation.  If you are looking for a skilled New York and New Jersey litigation lawyer to handle your legal matter, please feel free to contact The Rothman Law Firm to request a free consultation.