Let's be real, two of the most difficult types of cases to win are cases against the United States of America and those against The State of New York in the Court of Claims. I am positive that statistics will bear me out...Plaintiffs probably win way under 50% of those cases filed.
Why ? Well there are a number of reasons including;
1. Sovereign Immunities,
2. These defendants rarely settle,
3. They use staff counsel, so legal fees are never an issue(self-insured),
4. Defense counsel are much more familar with the procedure and substantive elements of these cases ,
5. Cases are presided over by a single Judge...who happen to be employees of the defendants and
6. There is no trial by jury.
I used to cringe when I had to litigate one of these cases and rightfully so. The only time you caught a break was when a private carrier had to indemnify the State or Federal Gov't. I'm sure most counsel feel that way.
So my suggestion is to "even the playing field"; Enact statutory amendments providing plaintiffs/claimants with a " right to trial by jury". This would definitely make a difference..
What do you think?
No comments:
Post a Comment