Henry Noye Discusses Arbitration in The Legal Intelligencer

August 15, 2023

Henry Noye, a partner, and member of Obermayer’s Catastrophic Loss Group was quoted in The Legal Intelligencer on August 14, 2023, in connection with the increasing interest in litigation rather than arbitration. 

Although arbitration has been a preferred method for companies hoping to litigate their claims quickly, quietly, and cheaply, especially during the pandemic, when courts were hobbled, commercial litigators say they are increasingly fielding questions from clients who seem more eager to take their disputes into the public court system rather than through the binding and confidential arbitration system. 

Companies are becoming more eager to have their stories heard, and having a public trial is one way to do that. In one recent example, two hospitals in Philadelphia recently hit with large jury verdicts and are arguing in post-trial motions that the awards will negatively affect care in the area.

Henry Noye, whose practice focuses on commercial litigation and catastrophic loss, said being able to bring an argument like that to a jury may be preferable to bringing it to an arbitrator.

“Obviously that’s impactful. Everybody needs a doctor. If you live in Philadelphia, with Hahnemann closing, in that scenario it’s definitely an advantage. Also, if a claim raises a novel issue that could be widely advantageous for similar claims, a defendant may want to go to trial, Noye noted. Since litigation is always a cost for a defendant, it could be more advantageous to have persuasive caselaw that can be used to stop future lawsuits before they happen,” Henry said “You’ve got to pick your battles,” he said. “The plaintiff’s bar certainly does.”

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