As Businesses Reopen, The Lawsuits Begin

There’s no way to predict whether and, if so, how many cases will actually arise out of the pandemic. Disputes may arise initially about the scope of closures and the authority of states to order the closings. Other disputes might arise after the states open their economies when opening might be considered by some to be too early.

Those matters not subject to pre or post dispute resolution clauses will be filed in court. NYS courts adopted a presumptive Alternative Dispute Resolution (ADR) program. What that means is that all cases filed in NYS courts will be subject to individual court rules that require the parties to use an ADR process early in the filing of the case. Even courts that have not adopted a presumptive ADR program will develop case management programs to address the influx of cases. These case management programs will include many aspects of ADR.