COVID Has Slowed the Judicial Process
It was understandable that during the height of the COVID-19 pandemic the Courts, out of necessity, were required to essentially shutdown. Slowly, courts have returned to various forms of “business as usual.” But not all courts are performing as efficiently as previously.
Prior to COVID, the State Court Administrator’s Office (SCAO) required trial courts to “close” as many cases as were opened. This is known as a clearance rate of 100%. A rate of more than 100% means that a court was reducing its pending case load; a rate of less than 100% indicates a court was adding to its pending case load.
The SCAO further mandated certain “timeliness.” Timeliness data considered both case age at disposition and court’s pending case load. In general, the Court of Appeals is required to dispose of its cases within eighteen (18) months. Trial courts are held to varying standards depending on the type of case and case load of each court, typically it is twenty-four (24) months. Our firm aspires to nine (9) months for a disposition prior to trial. Trial courts are required to file performance reports with the SCAO. Our insurance company clients carefully audit our metrics.
Our pre-COVID experience was that most personal injury cases were resolved within nine (9) to twelve (12) months. Our recent experience throughout Michigan’s trial courts has been that it is taking much longer to resolve cases. It is taking months to have dispositive motions heard. It is taking months to obtain a court reporter transcript for an appeal. Many judges are not conducting proceedings in-person. Judges are appearing remotely and, from the background, “remotely” sometimes means not from the court room.
One of the key performance metrics for insurance companies and proficient insurance defense firms is the aging of claims. The failure of our trial courts to fully get back to work, has unfavorably impacted this metric. Litigated cases are aging longer. This increases the litigation costs for all those involved. Our firm has addressed this issue by always being prepared and, when appropriate, requesting in-person proceedings. We never want to give our opposition or a judge an excuse to adjourn or delay a pending matter.
Oral advocacy is more effective in-person. It seems always best to argue complex or dispositive motions in-person. ADR proceedings with everyone physically present with settlement authority promotes resolution. Expectations are created when everyone leaves their comfort zone. Focusing on the case at hand, observing non-verbal cues, and the personal interaction which occurs during an in-person ADR often leads to a closed case.
About Alexander & Angelas, P.C.
Alexander & Angelas, P.C. represents defendants in civil liability litigation across Michigan and Northern Ohio. The firm’s practice areas include insurance defense litigation, premises liability, motor carrier (trucking) defense, corporate and commercial litigation, construction defect litigation, auto negligence, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogation claims, workers’ compensation, employment law, and liquor liability.
Attorneys practice in all state and federal courts in Michigan, including Wayne County (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac), Washtenaw County (Ann Arbor), and Genesee County (Flint). Legal services are also provided in Northern Ohio. Since its founding in 1992, the firm has litigated over 4,000 civil cases.
A 24/7 Emergency Hotline is available (800-219-0007) for trucking and insurance company clients. When an accident requires an immediate response to protect evidence, members of the firm quickly launch an investigation with the assistance of well-qualified accident investigators, crash re-constructionists, mechanical engineers, civil evidence photographers, and independent adjusters positioned throughout Michigan and Northern Ohio.
Alexander & Angelas, P.C. measures its performance based upon three key metrics: aging of claims, indemnity expense, and legal defense costs. The firm refuses to over-litigate cases merely to increase legal fees and strives to resolve matters within one year from initial case assignment.
Visit Alexander & Angelas online at https://www.alexanderandangelas.com/ for more information. Partner Peter A. Angelas is available to discuss a confidential matter.
