FEATURE ARTICLE:
GRAVE CONFLICT ON "GRAVE INJURY" ISSUE: WHO
HAS BURDEN OF PROOF WHEN 3D PARTY (R) MOVES FOR SUMMARY JUDGMENT DISMISSING
D'S IMPLEADER CLAIM FOR WANT OF GRAVE INJURY TO P?
GENERAL PRACTICE
EXPERT DISCLOSURE:
3d District Rule Attempting to Put Time Limit
on Expert Disclosure Is Not Rigid; Late Disclosure Allowed
ARTICLE 16 RIGHTS:
In Determining Ratios of Fault, Share of
Bankrupt Defendant Out of Case Because of Bankruptcy Still Gets
Factored In
INTEREST ON JUDGMENTS:
D Tendering Less Than All Interest Due and
Then Contending That P's Acceptance of Check in Smaller Sum Waived
Balance Loses, and Gets Sanctioned to Boot
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SURVEILLANCE
TAPES:
Disagreeing with 3d and 4th, 1st Dep't Holds
D Entitled to Depose P Before Turning Over Surveillance Tapes
MORE ON SURVEILLANCE TAPES:
Requirement That P Depose Before Getting Tapes
Doesn't Apply to Workers' Compensation Proceeding
LEVYING JOINT ACCOUNT:
When Judgment Creditor Brings Proceeding to
Get at Debtor's Funds in Joint Account, Other Joint Holder Is Indispensable
Party
LEVYING JOINT ACCOUNT:
Presumption That Each Joint Account Holder
Owns Half Is Rebutted, and Creditor Can Reach All, If Duly Notified
Non-Debtor Defaults
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SUMMARY PROCEEDINGS:
After Eviction Proceeding
Is Marked "Settled" and Tenant Has Paid, Eviction Judgment -- Even
If Executed -- Must Be Vacated
NO-FAULT LAW:
Conflict Is Manifest on Whether Default by
Defendant Concedes "Serious Injury" Even If Inquest Does Not Show
It
TRACKING "REG 68":
Re-Promulgated Rule Reducing Time to Notify
Carrier of No-Fault Claim Takes Effect as Appellate Stay Is Vacated
ARBITRATION VERSUS SMALL CLAIMS:
Form Arbitration Clause in Agreement Enclosed
with Consumer Product Can't Deprive Consumer of Resort to Small Claims
Part
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