Search the Issue Highlights:  

Search Tips

Issue Index About SPR Subscriptions The Author  
 

 

 
     

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
         
  ©1993 David D. Siegel  All rights reserved.   |   Web design & hosting by Azurelink.   |  Site Comments?