A small commercial dispute took three years to reach formal administrative decision

Evidence

Gillarde was accordingly forced to take the next step of filing a formal 66-m-p0-1ant, nicit did on October 11, 1944. Tine passed and on February 17, 1945, Mkrtinelli filed a frormal answer, together with a request for a formal harinig. Mbretime paned, and on september 18, 1945, a hearing was held before an examiner of the Department, sitting in Springfield, the proceeding being very much in the form of a litigation in court. Still more time passed, and on July 3, 1946, the Judicial Officer of the Departmnt of Agriculture, acting in the Secretary s behalf, announced the following decision. β€” Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1460

Categorization

  • XREF: Directly reinforces ch19’s point that court remedies fail small traders because individual losses cannot justify litigation cost β€” here, even administrative process runs over three years, effectively denying small-claimants practical relief. β€” connects to: Informal negotiation is the default first step in administrative dispute resolution β€” Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1459; Slow legal process lets contested practices settle into ordinary acceptance β€” Shoshana Zuboff, The Age of Surveillance Capitalism, 440; A custom allowing indemnity substitution was established beyond dispute β€” Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 865

Broader Connections