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 Feature Article:
CONFIRMATION OF AWARD IN ARBITRATION GOVERNED BY FEDERAL ACT MAY BE SOUGHT IN STATE COURT, BUT MUST USE STATE PROCEDURES
General Practice:
HEALTH INSURER INTERVENTION
Another 4th Dep't Case Allows Intervention Into Insured's Personal Injury Action, Stressing Subrogation Right
CONFLICT BETWEEN ORDER AND JUDGMENT
If There's a Conflict Between an Order and the Later Judgment Entered on It, the Order Controls
IDENTIFYING EXPERTS
Article Treats at Length Problem of Trying to Conceal Expert's Identity in Medical Malpractice Actions
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Federal / State Interplay
Removal to Federal Court:
REMOVAL DURING ACTION
Allegedly Unconstitutional Conduct by Court Within State Litigation Is Not Ground for Removal to Federal Court
POST-REMOVAL JOINDER
Plaintiff's Joinder of Nondiverse Defendant, After Removal, Achieves Grant of Plaintiff's Remand Motion
Special Note :
WHEN DOES DISCLAIMER BY LIABILITY INSURER EXCUSE
DEFAULT BY DEFENDANT/INSURED IN UNDERLYING TORT ACTION?
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Backlog Items:
FORMAL ADMISSIONS
Steps Under CPLR 3122 to Object to Disclosure Don't Apply to Notice to Admit Device of CPLR 3123
AFFIRMATIVE DEFENSES
Laches Is Affirmative Defense That Must Be Pleaded as Such Although Not Expressly Listed in Statute
SANCTIONS ON LAWYERS
Mass Fraud by No-Fault Plaintiffs' Lawyers Brings Total of $35,000 in Sanctions Against Them
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