Legal Question in Personal Injury in New York

speedy trial for plaintiffs?

I am a plaintiff (who signed a tolling agreement) in a very large multi-state civil pharmaceutical lawsuit. My case will be dealt with in the federal courts. I am wondering if the ''right to a speedy trial'' applies to plaintiffs as well as defendants. The pharmaceutical company - the defendant - insists, at least so far, that they plan to try every single case individually, which will take literally hundreds of years. Is this actually possible under the law, or is it just posturing and bluster? Can they be forced to settle at some point?


Asked on 7/17/07, 2:38 am

1 Answer from Attorneys
Frank Pintauro Donohue & Partners, PC

Re: speedy trial for plaintiffs?

A right to a speedy trial only applies to defendants in criminal cases. It has no application to civil cases such as yours.

If you case is part of a class action then there is a global settlement for all of the plaintiffs. If your case is not part of a class action then the results of the first case of your kind tried may influence what happens in your case. Thus, if the first case results in a verdict for the plaintiff then the company may consider settling the other pending cases including yours. The company cannot be forced to settle any of the cases pending against it.

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Answered on 7/17/07, 11:47 am


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