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March, 2005
 

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Lead Note:

TIME IN WHICH TO SUE TORTFEASOR IS NOT TOLLED WHILE PLAINTIFF UNSUCCESSFULLY SEEKS ARBITRATION THROUGH HIS OWN CARRIER

Special Notes:

  • What Impact for Lower Court Adjudication of Title in Summary Proceeding Brought Only to Test Right of Possession?

General Practice:

  • Although Courts Are Available to Enforce Administrative Subpoenas, They Are Not Authorized to Issue Them Initially
  • Legal Malpractice Action Is Not Itself Personal Injury Action, So Both Interrogatories and Depositions Are Okay
  • Longarm Jurisdiction Is Available, If Needed, in Proceeding to Confirm Arbitration Award; Hence Failure to Bring Proceeding Within Year Forfeits Award
  • Why Is There Need to Confirm Arbitration Award in Court?
  • Failure to Notify DMV of Change of Address Within 10 Days Estops D from Contesting Service
  • Lien of Attorney on Settlement Proceeds Takes Precedence Over Both Support Collection Order and Workers' Compensation Lien
  • If Otherwise Appealable, Order May Be Appealed Even Though It Merely Denies a Motion Without Prejudice to Renewal
  • Rare Example of "Compromise" Verdict Requiring New Trial of Everything
  • Stop Using Self-Selected Delivery Service Instead of Prescribed Method; Use of "Priority" Mail in Place of "Certified" Mail Brings Dismissal of Action


 ARTICLE HEADLINES


FEATURE ARTICLE:

TIME IN WHICH TO SUE TORTFEASOR IS NOT TOLLED WHILE PLAINTIFF UNSUCCESSFULLY SEEKS ARBITRATION THROUGH HIS OWN CARRIER

Special Notes:

INTERPOSING ISSUE OF TITLE IN SUMMARY PROCEEDING
What Impact of Lower Court Adjudication of Title in Summary Proceeding Brought Only to Test Right of Possession?

General Practice:

ADMINISTRATIVE SUBPOENAS
Although Courts Are Available to Enforce Administrative Subpoenas, They Are Not Authorized to Issue Them Initially

 

 


AVAILABILITY OF INTERROGATORIES
Legal Malpractice Action Is Not Itself Personal Injury Action, So Both Interrogatories and Depositions Are Okay

CONFIRMING AWARD
Longarm Jurisdiction Is Available, If Needed, in Proceeding to Confirm Arbitration Award; Hence Failure to Bring Proceeding Within Year Forfeits Award

NEED TO CONFIRM AWARD
Why Is There Need to Confirm Arbitration Award in Court?

CONTESTING SERVICE
Failure to Notify DMV of Change of Address Within 10 Days Estops D from Contesting Service

ATTORNEY'S CHARGING LIEN
Lien of Attorney on Settlement Proceeds Takes Precedence Over Both Support Collection Order and Workers' Compensation Lien

 

 


APPEALABLE ORDERS
If Otherwise Appealable, Order May Be Appealed Even Though It Merely Denies a Motion Without Prejudice to Renewal

"COMPROMISE" VERDICT
Rare Example of "Compromise" Verdict Requiring New Trial of Everything

WRONG KIND OF MAIL AGAIN
Stop Using Self-Selected Delivery Service Instead of Prescribed Method; Use of "Priority" Mail in Place of "Certified" Mail Brings Dismissal of Action

 

         
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