Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

How Is COVID-19 Impacting Lawsuit Settlements?

Author: Scarinci Hollenbeck, LLC

Date: August 30, 2021

Key Contacts

Back
How Is COVID-19 Impacting Lawsuit Settlements?

While most courts have slowly resumed operations, the months-long closures and reduced capacity have resulted in large backlogs, which will take several months to resolve...

COVID-19 brought the country’s court systems to a screeching halt. While most courts have slowly resumed operations, the months-long closures and reduced capacity have resulted in large backlogs, which will take several months to resolve.

In order to resolve cases more quickly, many courts, including those in New York and New Jersey, are strongly encouraging litigants to engage in settlement discussions and/or participate in alternative dispute resolution, such as mediation. Others are going so far as to make settlement negotiations mandatory before scheduling trials.

Risks and Benefits of Settlement

When it comes to business disputes, it is important that the client and their attorney work together to analyze the advantages and disadvantages of both litigation and settlement and decide together which is most beneficial. Even in the best of circumstances, all litigation involves a certain amount of risk and uncertainty. Even if you have a strong case, there is no way to be absolutely sure how a jury will respond to the arguments made by each side. As a result, more than 80 percent of all lawsuits are resolved via settlement rather than a court or jury verdict.

In light of COVID-19’s impact on the court system, settlement has a distinct advantage of bringing the case to a conclusion much more quickly, which can save both time and money. If you are litigating against a distressed business, settling the lawsuit now can be advantageous over drawn-out litigation, as it helps ensure payment of your claim before the company goes out of business and/or declares bankruptcy. Similarly, businesses that have been overwhelmed by COVID-19 may prefer to settle the lawsuit to guarantee at least some recovery and limit legal expenses.

There are several other advantages of negotiating a settlement. Most notably, the parties control their own destiny and have complete control over the terms of the agreement. In addition, settlement often allows the two sides to explore more creative solutions, such as payments over time, or exchanging different assets from those in dispute. By comparison, courts can be restrained by statutes and legal precedent. Settlements can also be structured to ensure that the terms remain confidential, which can be beneficial for litigants hoping to keep a dispute out of the spotlight. Conversely, court documents are generally public records and may be accessed by the public.

Of course, settlement may not always be the best option. To negotiate a settlement, both parties must be willing to make concessions. Therefore, it is important to determine what you may be willing to concede and assess the true value of your claim. For businesses that have remained or grown more profitable during the pandemic, it may make sense to devote resources towards litigation. The extra time to gather evidence and build your case now could lead to greater success in the long run. 

Questions to Ask Before Entering Settlement Negotiations

In order for settlement negotiations to be successful, both parties must come prepared. Below are some important questions to consider before engaging in settlement discussions:

  • What are the strengths and weakness of your case? What are the strengths and weakness of the other party’s case?
  • What needs of each party must be satisfied in order for a resolution to be reached?
  • What are the obstacles reaching a settlement, and what ideas do you have to overcome them?
  • What are the consequences for each side if the case is not resolved via settlement?
  • How much will it cost to litigate the case through trial/appeal?
  • What material terms do you require in a settlement agreement, such as confidentiality, scope of the release, payment timeline?

Key Takeaway

The COVID-19 pandemic has strained the New York and New Jersey court systems and placed a greater emphasis on settlement negotiations. For businesses involved in litigation, it is important to understand the risks and benefits of resolving your lawsuit prior to trial. To achieve the best possible outcome, it is also wise to work with an attorney skilled in the art of both litigation and negotiation.

If you have questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact me, Thomas Herndon, Jr., or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"
Gross Lease vs. Net Lease: Understanding the Key Differences post image

Gross Lease vs. Net Lease: Understanding the Key Differences

Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]

Author: Robert L. Baker, Jr.

Link to post with title - "Gross Lease vs. Net Lease: Understanding the Key Differences"
What to Do If You Are Impacted by a Retailer Bankruptcy Part 2 post image

What to Do If You Are Impacted by a Retailer Bankruptcy Part 2

Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]

Author: Brian D. Spector

Link to post with title - "What to Do If You Are Impacted by a Retailer Bankruptcy Part 2"
The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business post image

The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business

Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]

Author: Dan Brecher

Link to post with title - "The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business"
Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1 post image

Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1

The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]

Author: Brian D. Spector

Link to post with title - "Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

Please select a category(s) below: