Judges Seek ‘Sense of Urgency’ in Approach to Sandy Disputes

Scott Mollen is quoted in a New York Law Journal report on new mediation rules recently announced by three U.S. magistrate judges charged with overseeing the burgeoning docket of Hurricane Sandy insurance cases. Seeking to stop actions they call "objectively unreasonable or seemingly calculated to delay efficient resolution," the judges are warning there will be consequences for attorneys who do not push cases along in good faith. Scott, who serves on the Eastern District of New York's Hurricane Sandy Mediation Panel, describes the new guidelines as extremely helpful, while also cautioning that they should not be construed as "a blanket finding of blame and criticism of all plaintiffs and all defense and their counsel." He further noted that  both sides are confronted with complicated issues of proof, coverage and how much repair is needed.