• Local Law Firm to Seek Trial By Combat in Bank Litigation

    “G&A to Seek Trial By Combat in Bank Litigation”

    St. Petersburg, Florida, April 1, 2017

    Frustrated with continuing bank fraud and the misconduct of banks in mortgage foreclosures, G&A will now request trial by combat in cases against banks and loan servicers.

    While nearly all cases are now tried by a judge or jury, the practice of trial by combat was previously used to adjudicate legal disputes among litigants or their appointed representatives. Trial by combat was derived from Germanic legal codes and the last trial by combat is thought to have taken place in 1818.

    At the times of the ratification of the Bill of Rights in 1791, trial by combat was not outlawed in any of the Thirteen Original United States, all of whom inherited British common law upon independence in 1776. Since then, no American court in post-independence United States has addressed the issue of entitlement to trial by combat, and thus trial by combat remains a right reserved to civil litigants.

    While the practice of trial by combat has all but vanished in modern history, a New York attorney recently requested trial by combat in a civil case, Foley v. Luthmann, Supreme Court of New York, Richmond County. Also, a Florida Judge recently engaged in hand to hand combat with a public defender in connection with a motion regarding a speedy trial date.

    “We are hopeful that this will send a strong message to banks that their misconduct will no longer be tolerated,” said Attorney Charles Gallagher. Litigants typically reserve their right to a jury trial in their initial pleading in the lawsuit, typically the Complaint or the Answer. “Our Complaints against banks and Answers responding to bank lawsuits, will now include a “Request for Trial By Combat” said Gallagher.

    ABOUT G&A: Gallagher & Associates Law Firm, P.A. is a boutique consumer law firm in offering concierge legal services to individuals, consumers and small businesses where clients have 24/7 access to their attorney. Practice areas include foreclosure defense, insurance litigation, real estate litigation, business law and consumer litigation. For more information call 727-344-LAWS or visit www.attorneyoffices.org on the web.