SPR - April 2002 Headlines & Topics


April 2002

Overview of topics...

Lead Note:

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:

3d District Rule Putting Time Limit on Expert Disclosure Not Rigid; Late Disclosure Allowed
In Determining Article 16 Rights, Share of Tortfeasor Out of Case Because of Bankruptcy Remains Factor
P's Acceptance of Check That Includes Less Than All Interest Due on Judgment Doesn't Waive Balance
In Conflict, 1st Dep't Holds P Must Submit to Deposition Before Getting Surveillance Tapes from D
But in Workers' Comp Proceeding, Board Decides Sequence
When Judgment Creditor P Brings Proceeding to Determine Shares in D's Joint Account, Other Joint Holder Is Indispensable Party
If Other One Defaults, Does That Enable Creditor to Reach Whole Account?
After Eviction Proceeding Is Marked "Settled" and Tenant Has Paid, Eviction Judgment -- Even If Executed -- Must Be Vacated
No-Fault Conflict: Does Default by D Concede "Serious Injury" Even If P at Inquest Can't Show It?
Re-Promulgated Rule Reducing Time to Notify Carrier of No-Fault Claim Takes Effect as Appellate Stay Is Vacated
Form Arbitration Clause in Agreement Enclosed with Consumer Product Can't Deprive Consumer of Resort to Small Claims Part

ARTICLE HEADLINES

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

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

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