When Will Judge Beaty Rule?

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When Will Judge Beaty Rule?; Motions to Amend Complaint, to Dismiss
Topic Started: Nov 2 2009, 10:55 PM (1,703 Views)
Seen the Light	Nov 3 2009, 12:12 PM Post #16
Posts: 52 Group: Members Member #384 Joined: Aug 16, 2008	Quasimodo Nov 3 2009, 09:04 AM McFadyen has already been waiting 100+ days for a decision on dismissal. The other two cases may require (with the holidays) two months or more just to get done with amended complaints; and eventually to the dismissal question. Is it fair, or just, to the parties in McFadyen to make them wait for the resolution of these other two cases--a wait which could easily extend to six months, and even to a year? How much will their costs escalate? (Is that "judicial economy"?) What happened to the rights of the parties in this case to get speedy justice (and justice that is not encumbered with unnecessary costs)? thats my question really - will there be further legal problems for NC for NOT granting a speedy trial?



chatham	Nov 3 2009, 03:36 PM Post #17
Posts: 2,795 Group: Tier1 Member #308 Joined: May 2, 2008	Just asking: Is there a difference between civil trials and criminal trials as far as speedy is defined?



Rusty Dog	Nov 3 2009, 03:47 PM Post #18
Posts: 870 Group: Tier1 Member #133 Joined: Apr 28, 2008	I think the NC Constitution does not provide for a speedy trial provision. That was said here during the early days of Nifong's delays. I don't know if there is a difference between civil and criminal trials. Anybody else know more?
Posts: 870 Group: Tier1 Member #133 Joined: Apr 28, 2008


Quasimodo	Nov 3 2009, 04:08 PM Post #19
Posts: 4,891 Group: Tier1 Member #17 Joined: Apr 28, 2008	Quote: Federal Rules of Civil Procedure I. SCOPE OF RULES > Rule 1. \| Next Rule 1. - Scope and Purpose These rules govern the procedure in all civil actions and proceedings in the United States district courts, except as stated in Rule 81. They should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding. Is this how the rules are being construed and administered in this case? Edited by Quasimodo, Nov 3 2009, 04:09 PM.



Acc Esq	Nov 3 2009, 04:24 PM Post #20
Posts: 287 Group: Tier1 Member #323 Joined: May 6, 2008	chatham Nov 3 2009, 03:36 PM Just asking: Is there a difference between civil trials and criminal trials as far as speedy is defined? Speedy trial constitutional requirements apply only to criminal cases.
Posts: 287 Group: Tier1 Member #323 Joined: May 6, 2008


Q.A.	Nov 3 2009, 04:36 PM Post #21
Posts: 142 Group: Members Member #439 Joined: Feb 27, 2009	I agree with Acc Esq: "Speedy trial constitutional requirements apply only to criminal cases." In busy jurisdictions 11 years can elapse between filing a civil complaint and trial. In one mid-western city the *average* for medical negligence cases was once 9 years. I have known a judge to take a year to rule on a civil-case-motion.



jvj	Nov 3 2009, 11:09 PM Post #22
I'm your huckleberry... Posts: 196 Group: Tier1 Member #419 Joined: Aug 29, 2008	Acc Esq Nov 3 2009, 04:24 PM chatham Nov 3 2009, 03:36 PM Just asking: Is there a difference between civil trials and criminal trials as far as speedy is defined? Speedy trial constitutional requirements apply only to criminal cases. I testified in a civil trial last week for a suit that was filed in 2004. It was a personal injury / product liability case with fairly simple facts. Why it took 5 years to get to trial that lasted less than a week I have no idea.



Quasimodo	Nov 4 2009, 08:26 AM Post #23
Posts: 4,891 Group: Tier1 Member #17 Joined: Apr 28, 2008	Quote: This is the Court of Chancery. . . which gives to monied might the means abundantly of wearying out the right, which so exhausts finances, patience, courage, hope, so overthrows the brain and breaks the heart, that there is not an honourable man among its practitioners who would not give — who does not often give — the warning, “Suffer any wrong that can be done you rather than come here!” --Bleak House, by Charles Dickens Can a judge permitting a civil suit to run on for five years (and more) be said to be following the admonition to use the federal rules of civil procedure "to secure the just, speedy, and inexpensive determination of every action and proceeding"? Where is the judge's responsibility to see that the rights of plaintiffs are not abused by the system? (And, on a tangent, wasn't it the judge's responsibility to see that discovery was allowed at the beginning; at least insofar as was necessary to establish sufficient facts to prove a conspiracy among the defendants? If the judge didn't permit such sufficient discovery, and then dismisses these portions of the suits on the basis of insufficient grounds, hasn't he in effect assisted the defendants?) Edited by Quasimodo, Nov 4 2009, 08:28 AM.



Quasimodo	Nov 4 2009, 09:59 AM Post #24
Posts: 4,891 Group: Tier1 Member #17 Joined: Apr 28, 2008	One has to consider also how the public confidence in the judiciary may be further undermined by actions which even only appear to be improper or prejudiced. (And after the actions of a plethora of NC judges in the lacrosse case, it is only natural to expect that any further actions by judges in that case are going to come under increased scrutiny for fairness.) As noted, this is not (and never was) an "ordinary" case.



Q.A.	Nov 4 2009, 10:12 AM Post #25
Posts: 142 Group: Members Member #439 Joined: Feb 27, 2009	Quasi, enjoyed your Post #23 quote from Dickens - A former court reporter - " whose vivid portrayal of the endless machinations, lethal manoeuvrings, and strangling bureaucracy of the legal system of mid-19th-century Britain did much to enlighten the general public, and was a vehicle for dissemination of Dickens's own views regarding, particularly, the injustice of chronic exploitation of the poor forced by circumstances to "go to Law"." Things haven't changed much since then. The judge here may well be constructively assisting the defendants and, of course, is quite aware of it. On the other hand "my" judge, who took a year to rule, sustained the plaintiff's arguments with a brilliant exposition, better than that of the Plaintiff's witnesses themselves. My hope springs eternal - hold-on for Discovery, and don't settle before maximal blood-letting and exposure and of the guilty Edited by Q.A., Nov 4 2009, 10:15 AM.



kbp	Nov 4 2009, 01:25 PM Post #26
Posts: 444 Group: Tier1 Member #20 Joined: Apr 28, 2008	I've read of some pretty long delays in criminal cases, while the defendant waited in jail, that were ruled to still have been "speedy" enough to meet the constitution. I can't imagine a civil case, in order to meet the Federal Rules of Civil Procedure, has to move along quicker.
Posts: 444 Group: Tier1 Member #20 Joined: Apr 28, 2008


Quasimodo	Nov 4 2009, 02:04 PM Post #27
Posts: 4,891 Group: Tier1 Member #17 Joined: Apr 28, 2008	kbp Nov 4 2009, 01:25 PM I've read of some pretty long delays in criminal cases, while the defendant waited in jail, that were ruled to still have been "speedy" enough to meet the constitution. I can't imagine a civil case, in order to meet the Federal Rules of Civil Procedure, has to move along quicker. What if, however, the delays are affirmatively helping the defendants' case, and affirmatively harming the plaintiffs? (Memories fade, records are lost, people move away, etc.) Shouldn't depositions be taken as soon as possible? If the case never goes to trial, these depositions won't matter. But postponing the collection and preservation of evidence is never helpful to justice.



chatham	Nov 4 2009, 03:04 PM Post #28
Posts: 2,795 Group: Tier1 Member #308 Joined: May 2, 2008	well, this should not be on his mind any more. http://www.wral.com/news/news_briefs/story/6345684/ White House nominates two N.C. judges for 4th Circuit Posted: Today at 11:48 a.m. Updated: 9 minutes ago RALEIGH, N.C. — The White House has nominated two North Carolina judges to fill seats on the nation's most conservative federal appeals court. The Fourth U.S. Circuit Court of Appeals covers North Carolina, South Carolina, Maryland, Virginia and West Virginia. Judge Allyson Duncan is the only current member of the 15-judge panel from North Carolina. Democratic Sen. Kay Hagan called the nominations a victory for the state. Judge James Wynn, of Cary, currently serves on the state Court of Appeals. Wynn, a captain in the U.S. Navy Reserves, has also served as an appellate public defender and worked in private practice. He was educated at the University of North Carolina at Chapel Hill, Marquette University Law School and the University of Virginia School of Law. Wynn was nominated to the Fourth Circuit by then-President Bill Clinton in 1999, only to see that nomination blocked by North Carolina Sen. Jesse Helms. Judge Albert Diaz, of Charlotte, currently serves as a state Special Superior Court Judge, hearing complex business cases. Diaz is a Marine veteran who has also worked in private practice before taking the bench. He holds degrees from the University of Pennsylvania’s Wharton School of Business, New York University School of Law and Boston University



Quasimodo	Nov 10 2009, 09:38 AM Post #29
Posts: 4,891 Group: Tier1 Member #17 Joined: Apr 28, 2008	50 (FIFTY) days and counting, on the motion to permit the plaintiffs to file an amended complaint... (From Sept. 21 to November 10...) SEVEN WEEKS



Baldo	Nov 10 2009, 10:48 AM Post #30
Posts: 8,481 Group: Tier2 Member #45 Joined: Apr 28, 2008	Quasimodo Nov 10 2009, 09:38 AM 50 (FIFTY) days and counting, on the motion to permit the plaintiffs to file an amended complaint... (From Sept. 21 to November 10...) SEVEN WEEKS ZZ ZZZZ ZZ ZZZZZ ZZ The Durham Plan, unless you are three white guys from up north and the DA can't wait to get all the DNA results back to indict them before a Grand Jury which is a rubber stamp even though he knows already they show they are innocent and he won't release those results until he is are forced to months later, then your DNA expert will hide the results in a document dump without a data key.



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