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9.2.09 - EOC prevents litigation State agency has different...

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9/2/09 EOC prevents litigation State agency has different names. You can’t just file a court. You need to go to the EOC in the city first. State agency: state gets paid for every case. Label each case - A: so important that they become plaintiff. Take cases b/c it fits into their profile-big enough? - B: garden-variety case. Facts are there. They are going to investigate - C: stupid cases. Not going to take them. - Regardless of which label, First step: eoc is going to send out a letter. Answer a questionnaire. State of position need to write it. sometimes, there’s an investigator for a case to settle it down. - Merit resolution vs. non-merit resolution o Merit = 20% of closed cases, non-merit = 80% o Settlement and costs o Merit resolution: Factfinding conference, find cost (merit resolution), now you go to court. Eco is so slow that they don’t give you an investigator for a long time. o Non-merit resolution: do a full investigation and finds no cost. You can still make a sue letter. It’s a signal to the lawyer-don’t take it if no cost. Plaintiff lawyer takes
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