New York’s state and federal courts have worked hard in these unprecedented times to provide essential services. This means that criminal cases and civil cases involving health and safety have been considered “essential” and are being heard through remote or virtual means. But matters considered “nonessential” have been put on hold. When the courts reopen, there will be a large backlog of civil matters. With the best of intentions, it is apparent that civil trials will not go forward for many months, particularly if there has been a jury demand. Some have predicted that there will be no civil juries in New York until 2021.
In most cases, such a significant delay is bad for everyone. Businesses need certainty. Does a new product infringe a patent? Does a product infringe a trademark? Will an insurance company need to continue to place a large reserve on an outstanding claim? Does a company need to continue to disclose a potential liability on public filings? Will an employee be reinstated or can her position be filled? Many more questions like these could be asked. The point is that while delay is sometimes welcome to avoid the unwelcome news that monies are owed, in many business disputes what is most needed is a determination and closure.
