Tuesday, August 12, 2008

FLOORgraphics v. News America Trial Date Pushed Back to November 12

The trial between FLOORgraphics, Inc. and News America Marketing has been pushed back from October 1 to November 12.

Trial Postponed: Vacation Plans, Holidays, & Pre-trial Matters - In a letter to the Court, News America Marketing requested the delay, citing "a long-planned European [vacation] trip scheduled for two weeks in September" of one of its trial counsel and his wife, and religious holidays in October. News America also suggested that a number of issues could be addressed pre-trial in order to expedite the trial.

FLOORgraphics responded with a letter opposing the delay, pointing out that there are other holidays in November and December, and that News' trial team has had all summer to prepare for trial, and that only one of News' team of lawyers will be affected by the European vacation. FLOORgraphics also suggested that pre-trial motions could be resolved before October 1.

Over FLOORgraphics' opposition, the Court agreed during an August 1 telephone conference to postpone the trial to November 12.

Over 4 Years to Trial - This lawsuit was filed more than four years ago, in July 2004. While this case has taken longer than average, it is not uncommon for civil lawsuits to take several years before reaching trial. According to official reports, cases in the U.S. District Court for the District of New Jersey took over 30 months between filing and trial. Some courts, such as the Eastern District of Virginia and the Western District of Wisconsin, move cases to trial significantly faster, but the District of New Jersey's time to trial is more typical.

Many litigants lament the delays and costs associated with civil litigation, which is one of the reasons most cases settle before trial and that arbitration has become increasingly popular in recent years. While there are many reasons for the slow nature of civil litigation, more can be done by attorneys and courts to streamline litigation to make it less burdensome on the parties.

Related posts: FLOORgraphics' Suit Against News America Set for Trial October 1; Summary Judgment Motion Denied in FGI v. News America Marketing; Study Ranks Top Venues for Patent Litigation.


The Law Firm of Kotchen & Low LLP - Civil Litigation, Counseling, and Representation Before Government Agencies

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