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April, 2004
 

FEDERAL EDITION
Overview of topics...


Lead Note:

LEGAL MALPRACTICE ACTIONS
When Lawyer Lets Client's Claim Lapse, Lawyer, Not Client, Has Burden of Proving What Could Have Been Collected on Judgment

General Practice :

  • "Demand" for Arbitration Is Same as "Notice of Intention to Arbitrate" for Purpose of Starting 20-Day Period to Seek Stay
  • When Tortfeasor's Insurer Is Insolvent, That's Not Same as "Uninsured"; Plaintiff Can't Turn to His Own UM Coverage
  • Rule 202.27 Being Used Increasingly for Pre-Note of Issue Dismissals That Do Not Afford Protection of 90-Day Notice
  • Court Reviews Proof Needed to Vacate Rule 202.27 Default
  • Bankruptcy Trustee Suing on Previously Commenced Claim Can't Use Same Index Number
  • Serving Deputy Even Though the Court Ordered Service on the County Attorney Is Upheld
  • When P Dies and Proper Notice Is Given by D, and Dismissal Results, Old Lawyer Has No Authority to Appeal
  • Searching Record Is Okay Only with Respect to Claim on Which Summary Judgment Was Sought
  • No Telephone Testimony Allowed Even in Small Claims Action; Special Problem with Internet Transactions
  • D's Delay in Posting Bond on Appeal Costs It Substantial Poundage When Marshal Levies in Interim
  • Does Monetary Demand Have to Be Included in Complaint for Legal Malpractice?
  • Excerpt from Trial Transcript Offers Vivid Example of Peer Pressure Brought to Bear on Medical Expert in Med Mal Case

 


 ARTICLE HEADLINES


FEATURE ARTICLE:

LEGAL MALPRACTICE ACTIONS
When Lawyer Lets Client's Claim Lapse, Lawyer, Not Client, Has Burden of Proving What Could Have Been Collected on Judgment

General Practice:

ARBITRATION
"Demand" for Arbitration Is Same as "Notice of Intention to Arbitrate" for Purpose of Starting 20-Day Period to Move for Stay

UM versus SUM COVERAGE
When Tortfeasor's Insurer Is Insolvent, That's Not Same as "Uninsured", and Plaintiff Can't Turn to His Own Coverage

LAXNESS DISMISSAL
Rule 202.27 Is Being Used Increasingly for Pre-Note of Issue Dismissals That Do Not Give P Protection of 90-Day Notice

 


LAXNESS DISMISSAL
Court Reviews Proof Needed to Vacate Rule 202.27 Default

RIGID COMMENCEMENT RULE AGAIN
Bankruptcy Trustee Suing on Previously Commenced Claim Can't Use Same Index Number

NOTICE OF CLAIM
Serving Deputy Even Though the Court Ordered Service on the County Attorney Is Upheld

DEATH OF PLAINTIFF
When P Dies and Proper Notice Is Given by D, and Dismissal Results, Old Lawyer Has No Authority to Appeal

SEARCHING THE RECORD
Searching Record Is Okay Only with Respect to Claim on Which Summary Judgment Was Sought

 

 


SMALL CLAIMS
No Telephone Testimony Allowed in Small Claims Action; Special Problem for Internet Transactions

POUNDAGE
D's Delay in Posting Bond on Appeal Costs It Substantial Poundage When Marshal Levies in Interim

LEGAL MALPRACTICE
Does Monetary Demand Have to Be Included in Complaint for Legal Malpractice?

EXPERT DISCLOSURE
Excerpt from Trial Transcript Offers Vivid Example of Peer Pressure Brought to Bear on Medical Expert in Med Mal Case

 

         
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