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Ohio state court. Every time I try to look up precedent there are cases going my way and cases directly contradicting those and all are “good law.” It’s absolute lawlessness out there. About to just challenge opposing counsel to a round of Rock Paper Scissors tbh
LOL! Pennsylvania Superior Court (the intermediate appellate court) always has cases going different ways on the same issue in commercial cases.
Ontario, same situation.
Came here to say this
Are you new here? A motion of mine I argued 4 times in 2019 has still not been decided. Very much par for the course in NYC Supreme Courts. Also tried a 12 year old case a few years ago, and still litigating a 2012 wrongful death case. I’m actually also handling a 2005 accident case that was remanded for awhile.
The Central District of California federal court is pretty awful too. Litigated a large FCA case during the pandemic. Motions are tied to “available” hearing dates, which, for civil, there were never any, resulting in motions being assigned dates 8-9 months out from being filed. Makes the life of a plaintiff very difficult. They also require that horrible numbered margin formatting!!!
I didn’t think it was so bad! But maybe because I’m comparing to state court. Really the luck of the draw with fed judges. Some are nightmares, some are actually amazing and will basically settle the case themselves.
What’s a motion return date? When the judge will actually decide on MSJs and things?
A motion return date was, pre-pandemic, a date for all parties to appear in court with the papers fully briefed ready to argue. Now, it’s usually a submission or virtual oral argument date. If it’s a submission date, the papers will be reviewed (theoretically) by a judge and oral argument will be scheduled later or it will be decided on submission only without oral argument. After submission or oral argument judges are under no time constraint to decide the motion. It can take months or years after that
Queens supreme in NYC
Transactional lawyer here, why are state courts so awful and what would you all do to fix these problems?
They were slammed before Covid, and now it’s just a joke. Judges also don’t have as much power over their docket. Here in CA often times the pre trial judge is not the trial judge so they deny most dispositive motions because they don’t want to get appealed and have no real interest in the case. Judges here just have too many cases, so they don’t have times for the nuance of the case.