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Timelines for normal and expedited Discrimination lawsuits in the Federal Courts
The timelines presented below are realistic for discrimination cases where an EEOC charge has to occur before a lawsuit gets filed. The timelines assume that the case will be heard in the Federal Courts, because that’s where most discrimination cases get heard in Missouri.
Persons with cases other than “discrimination” may have different timelines, and I have not written about those yet. But I can say here that cases in the Missouri State Court system might flow a bit faster or slower, depending on the type of case and what happens as the case unfolds.
At any time the case could settle, no matter where you are in the timeline. Settlement is controlled in large part by how reasonable the parties are willing to be considering the unique circumstances of the case at hand.
A few lessons we can take from these timelines . . .
Litigation is often time consuming and perhaps very expensive if you are paying hourly legal fees.
Lawyers have to be careful about what cases they take on, because they could be living with the case for a very long time.
Companies and Employees should both be reasonable and try to get their dispute resolved at the earliest opportunity.
Normal timeline of a Federal Discrimination Lawsuit that does not settle
Year 1 of Federal Discrimination Lawsuit
Year 2 of Federal Discrimination Lawsuit
Year 3 of Federal Discrimination Lawsuit
Expedited timeline of a Federal Discrimination Lawsuit that does not settle
Year 1 of Federal Discrimination Lawsuit (expedited)
Year 2 of Federal Discrimination Lawsuit (expedited)
Year 3 of Federal Discrimination Lawsuit (expedited)
As you can see from a timeline comparison, Federal Discrimination Lawsuits can take a long time whether expedited or not. That’s part of the reason why the parties in such cases have an incentive to try to settle. Plaintiff does not want to delay a resolution forever, and Defendant does not want to pay the high lawyer fees that a long case may require. If the parties are willing to be reasonable, much of the time the matter can get resolved amicably at some point before either side passes the point of no return.
Article written by | Tim Willoughby
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