Return of E-Filing Will Start Crowded Period for New York Courts, Lawyers Say
Attorneys said it will be important to pay close attention to judges' practices and rules, some of which have been amended due to the pandemic.
May 21, 2020 at 06:35 PM
4 minute read
The original version of this story was published on New York Law Journal
Memorial Day promises to be the start of an uncommonly busy week in the New York court system, attorneys agreed Thursday.
For the first time in more than two months, e-filing will be available for new cases not categorized as "essential" under a March 22 order from Chief Administrative Judge Lawrence Marks, which froze filing and sparked a prolonged disruption in the state's legal system as the coronavirus pandemic struck New York.
E-filing comes as a relief in New York City and the other downstate counties that have not yet met the state's metrics to begin reopening, attorneys in the city said. Nonessential filings have already begun in other parts of the state, where judges and court staff are also returning to courthouses, according to court officials.
"There's tremendous pent-up demand from cases that were put on hold," said Gregg Weiner, co-chair of the global litigation and enforcement practice group at Ropes & Gray.
While some cases have simply been sitting on desks, ready to file, since shortly after the nonessential filing freeze began, attorneys said many others will be related to issues that arose during the pandemic and resulting economic upheaval.
Real estate will be a particularly busy area in the coming weeks and months, litigators agreed, and industries hit hard in recent months, such as retail, will also have a high volume of new cases. But the economic effects of the pandemic have been felt widely, disrupting deals and throwing some corporate finance matters into disarray. All those issues could lead to new litigation, lawyers said.
E-filing of new cases is the latest of a series of measures easing the state courts back toward full function. Virtual conferences and motion filing for pending cases has been ongoing for weeks, but attorneys are still waiting for the return of in-person activities, including depositions and, eventually, jury trials.
"I think it's a significant step, but it doesn't restore us to the status quo pre-COVID, and you know there's additional delay and hurdles to deal with that you didn't have beforehand," Weiner said.
Lawyers will have to be cognizant of how the flood of new filings will affect judges, McDermott Will & Emery partner Andrew Kratenstein said.
Kratenstein said one state judge's clerk already told him that a case set for trial in December might be delayed as the courts try to catch up on two months' worth of missed appearances. "They may just be pushing everything back," Kratenstein said. "It may be like a game of Jenga, so they have to figure out where everything fits … everybody's just going to have to work together to get everything back on track, and that's going to take time."
He said it will be important for lawyers to pay close attention to judges' practices and rules, some of which have been amended due to the pandemic.
The new availability of e-filing will also help lawyers and clients in other areas.
Martha Cohen Stine, who practices family law as a founding partner of Cohen Rabin Stine Schumann and co-chairs the New York County Lawyers Association matrimonial law section, said it allows her to help her clients move forward.
In many cases, relationships have fallen apart while people are stuck under stay-at-home orders, Stine said, but clients who decided they were ready to go ahead and file for divorce haven't been able to do so.
Once they're able to file, Stine said, they'll get the benefit of automatic orders preventing the other spouse from taking certain actions, such as transferring assets out of joint accounts.
Filing for divorce also signals to the other spouse that circumstances are changing, Stine said, and that a judge may observe their behavior and set deadlines for next steps.
READ MORE:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLitigators of the Week: After a 74-Day Trial, Shook Fends Off Claims From Artist’s Heirs Against UMB Bank
An ‘Indiana Jones Moment’: Mayer Brown’s John Nadolenco and Kelly Kramer on the 10-Year Legal Saga of the Bahia Emerald
‘It's Your Funeral’: Avoiding Doing Damage to Your Client’s Case With Uncivil Behavior
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250