Seems like an incredible waste
of judicial resources but that's what happens when cases can not proceed as a class.
As it is, that motion has resulted in four years of unnecessary litigation and an unfortunate drain on
scarce judicial resources.
Also, as the regime develops, there could be an additional drain
on judicial resources in an environment in which there is already a shortage.
My expectation was that increased use of dispute resolution process early on would result in a decreased need for
judicial resources for trials.
Combined with
limited judicial resources, the need to encourage settlement and discourage inappropriate behaviour by litigants has never been more pressing.
The first and immediate impact has been a delay in civil trials,
as judicial resources are moved to criminal proceedings to avoid the dismissal of criminal charges.
Who is more likely to
drain judicial resources and increase litigation costs — insurance defense lawyers paid by the hour, or contingency fee lawyers who are paid only if and when they win?
It is also a waste of time and
judicial resources because a trial court could have dealt with the issue when it heard the case, causing further delay.
His proposals, which are put forward as a cohesive package, seek
further judicial resource to be given to claims for the purposes of effective management and controlling costs.
Firstly,
given judicial resources are currently stretched so thin, justice may still be delayed if all or even most cases were to be tried.
If, in the court's opinion, scheduling the summary judgment motion would not be a prudent use
of judicial resources, Judges should be prepared to refuse to schedule the motion.
You should also know that courts do not take kindly to those who
waste judicial resources by bringing frivolous lawsuits or meritless claims.
In outlining its reasons, the Court stated that «the class action is designed to facilitate authors» access to justice while
preserving judicial resources and, where appropriate, to effectively sanction acts that would otherwise remain protected from judicial intervention because of the low level of injury when assessed on an individual basis.
Setting one date — April 3 — for all the pre-trial motions to go before the judge «would
conserve judicial resources, avoid gamesmanship and ensure a fair process for the consideration of all defense motions,» Bharara wrote in the letter to the judge.
The Court will not hesitate to impose appropriate sanctions, including potentially substantial costs, should the Defendant waste either the Plaintiffs» time and money or scarce
judicial resources by filing frivolous motions in the future.
In a landmark decision, an Ontario judge has ruled that Legal Aid's ongoing support of Kathleen Anne Worrod was an «abuse of process» that undermined the public interest and wasted
precious judicial resources meant for low - income Ontarians.
Legal Aid's ongoing support of Worrod, he ruled, amounted to an abuse of process that undermined the public interest and wasted
judicial resources meant for low - income Ontarians.
Alabama: Senate approves
Judicial Resources Allocation Commission with power to move judgeships; requires more uniformity in how cases are counted throughout state
Three judges — Justice Pepall, Justice Nordheimer and now Justice D.M. Brown — have collectively said there is a «chronic» and «manifest» lack of
judicial resources in the civil and criminal law systems in Toronto.
The doctrine of circuity is a legal doctrine that some state and federal courts across the country have adopted to conserve
valuable judicial resources.
Focus judicial resources on: interlocutory remedies to preserve status quo; case management to keep the proceedings within the time set for it, and final hearing on the merits;
For the many district courts whose dockets are already overflowing, the notion of bringing all resources to bear on a dramatically increasing class of complex, high stakes, and technically demanding disputes raises serious questions about
judicial resource management.»
Class actions are a better use of limited
judicial resources while making the courts accessible to people who may not be able to afford to bring individual actions on their own.
There had been months of litigation, the expenditure of
extensive judicial resources on the case, and extensive preparation by Officer Hassett for trial.
Of course, there are instances of legitimate grievances, but legislators might well desire to
devote judicial resources to other problems of a more serious nature.
«Senior judge programs make use of the services of retired judges to supplement
existing judicial resources,» said Premier Greg Selinger in the annoucement Monday.
Justice Brown took the opportunity in writing the decision to explain how crucial it is to be accurate when communicating with the court, and
how judicial resources are wasted when counsel does not properly communicate with the court.
«At the present time, the Superior Court of Justice is operating under conditions of scarcity of
judicial resources relative to the demands generated by litigants in the system,» Brown writes in Atlas.
Without such a further shift in culture of the kind engendered by Lord Woolf, coupled with
adequate judicial resources and administrative support for the civil court system, it is difficult to see further rule changes alone achieving what Lord Woolf desired but which for large and complex claims his reforms failed ultimately to deliver.
«Due to the ongoing shortage of
judicial resources at the Court of Queen's Bench of Alberta, the Court has been put in a position where it must curtail some of its services,» said Chief Justice Neil Wittman and Associate Chief Justice John Rooke in last week's announcement.
Considering the forum selection clause, the Court held that the most efficient use of
judicial resources dictated that all of the issues be litigated together in the B.C. Court.
The release of R. v. Jordan by the Supreme Court has
diverted judicial resources to criminal cases to meet the strict time requirements that have been imposed on the courts.
They can not force a trial and thus take up
finite judicial resources by refusing to conduct a meaningful examination for discovery.»
The Task Force has developed model policy to protect the legal system from frivolous litigation that threatens its reliability,
strains judicial resources and cripples businesses» ability to innovate, employ and engender economic prosperity.
We simply can't afford to waste precious
judicial resources litigating cases that should've been resolved by applying the clear text of our Probate Code.
The nature and extent of the case management provided by a judge or case management master under this Rule in respect of a proceeding shall be informed by any relevant practices, traditions, customs or
judicial resource issues that apply locally in the region in which the proceeding is commenced or to which it is transferred.
Incalculable judicial resources are invested in providing elaborate, often arcane, explanations for why the court in question should not consider the merits of each case.
The troll's business model, thus, is an arbitrage game,
exploiting judicial resources to leverage defendants» fear and the costs of defending into a revenue stream.
Justice Brown concludes unless these obstacles are removed, «I have difficulty seeing how tangible improvements in Ontario's civil justice system can occur in the face of
fixed judicial resources.»
Yet, instead of
enhancing judicial resources to that end, judicial budgets are among the first to be cut — or are treated, not as a co-equal branch, but as another agency.
Phrases with «judicial resources»