Attorney-at-Law

THE SLOW PACE OF LITIGATION

In Uncategorized on 07/12/2021 at 15:59

Complaints about “the law’s delay” long predate Hamlet’s list of “these fardels.” Sometimes the slow pace of Tax Court litigation makes its way onto the list.

Today we have something completely different, and yet the same. The star of the show is Larry A. (“Swing for the Fences”) Campagna, Esq., (see my blogpost “The Great Dissenter – Redivivus,” 9/3/13, for Larry’s story).

I’ll let Judge Alina I. Marshall tell the story, in Gregory M. Fischer & Karen S. Fischer, Docket No. 28718-15, filed 7/12/21. Note the dates; they are important.

“On June 16, 2021 at 4:45 p.m., Larry A. Campagna and Peter A. Lowy, counsel for petitioners, filed a notice of death of counsel for Donovan Hamm. On the same day at 5:35 p.m., Mr. Campagna and Mr. Lowy filed an additional notice of death of counsel for Donovan Hamm. Upon review of each of those filings, it appears to the Court that the notice of death filed June 16, 2021, at 5:35 p.m. is identical to the notice filed at 4:45 p.m. with the exception of Exhibit A attached thereto.” Order, at p. 1.

Refiling an entire document when the first attempt at filing omitted an exhibit or attachment is not uncommon. Scanners jam, papers stick together on a hot, humid day even with air conditioning, and the internet sometimes takes a two-second break.

OK, so Judge AIM orders the first, incomplete filing stricken. No biggie.

Except.

My sources tell me that the late Donovan M. Hamm, Esq., distinguished USVI attorney, died in May of 2019.

Reminds me of Mark Twain’s story of one of the Mississippi sternwheelers on which he served as a “cub” pilot. Twain said the boat was very slow. “For a long time I was on a boat that was so slow we used to forget what year it was we left port in. But of course this was at rare intervals.” And when that same vessel finally sank, it took five years for the owners to get the news.

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