Business owners and those working in law firms alike often find themselves needing to gauge how long it might take to litigate a case. This was the question at the heart of
In re Strickland, a recent case considered by the U.S. Court of Appeals for the Fourth Circuit.
In this case, the plaintiff requested the Fourth Circuit to order the trial court to set an earlier trial date. However, the court denied this request, stating such an order “would be entirely inappropriate” considering the discretion each trial court holds in managing its docket and calendar. It underscored two particular facets of litigation: the process can be lengthy and its timeline unpredictable.
Despite these uncertainties, understanding the general timelines of litigation is possible with the help of statistical data. For example, North Carolina’s federal courts publish data on average litigation timelines, offering at least some guidance for legal professionals and decision-makers.
To provide context to the discussion, the Strickland case commenced when the plaintiff filed a lawsuit in March 2020 against her former employer, a federal Public Defender’s Office. She alleged sexual harassment by a coworker and claimed the Office’s response violated her constitutional rights. Following a circuitous trajectory, the case navigated from the Fourth Circuit back to the trial court, with mediation failing in August 2023. Only then did the court set the trial date for December 2023.
The need for an accurate timeline projection is clear for all parties involved in a lawsuit. However, as this Fourth Circuit decision illustrates, the timeline of litigation in federal courts often remains case-specific and challenging to precisely predict. Nonetheless, the cumulative data from courts, such as those in North Carolina, can provide some level of guidance, enhancing the understanding and planning abilities of legal professionals worldwide.