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      Issue Number 216

December, 2009
 

Overview of topics...

LEAD NOTE :

  • Invoking Equitable Powers, Court Cancels Mortgage AND NOTE of Foreclosing Plaintiff for "Duplicity" and "Opprobrious Demeanor" in Failing to Cooperate at Conference

NEW LAW:

  • Except for Statutory Liens, Settlement with Tortfeasor Will Not Be Deemed to Include Items Covered by Health Insurance

GENERAL PRACTICE:

  • Foreclosure Defendants Can't Take Too Much for Granted; Unexcused Default Will Not Be Vacated Just for the Asking
  • Court Excuses P's Failure to Seek Class Certification Within Required 60-Day Period
  • Identity Theft Precaution? Court Rejects Application Because It Needlessly Contained Social Security Number
  • Client's Defense Against Fee When Attorney Sues Is Itself Enough to Trigger Rule 137 Obligation to Notify Client of Right to Arbitrate
  • Legal Fees Imposed for Wrongful Removal of Case to Federal Court Must Be Paid by Party, Not Attorney
  • Exclusive Jurisdiction of Action Against City Univ. Is in Court of Claims; May Supreme Court Transfer Case to That Court?
  • Failure to Serve Original Papers Within Allotted Time Not Cured by Amending and Then Serving Amended Papers

BACKLOG ITEMS:

  • Okay to Resort to Court for Discovery Aid in Identifying Proper Person to Join in Arbitration
  • Poor Introductory Language in Purported Notice to Admit Renders It Ineffective

 


 ARTICLE HEADLINES


Feature Article:

INVOKING EQUITABLE POWERS, COURT CANCELS MORTGAGE AND NOTE OF FORECLOSING PLAINTIFF FOR "DUPLICITY" AND "OPPROBRIOUS DEMEANOR" IN FAILING TO COOPERATE AT CONFERENCE

arrow New Law:

NEW LAW ON SETTLEMENT AND COLLATERAL SOURCE RULE
Except for Statutory Liens, Settlement with Tortfeasor Will Not Be Deemed to Include Items Covered by Health Insurance

General Practice Points:

DEFAULT IN FORECLOSURE ACTION
Foreclosure Defendants Can't Take Too Much for Granted; Unexcused Default Will Not Be Vacated Just for the Asking

CLASS ACTIONS
Court Excuses P's Failure to Seek Class Certification Within Required 60-Day Period


 


IDENTITY THEFT
Court Rejects Application Because It Needlessly Contained Social Security Number

FEE DISPUTE WITH CLIENT
Client's Defense Against Fee When Attorney Sues Is Itself Enough to Trigger Rule 137 Obligation to Notify Client of Right to Arbitrate

WRONGFUL REMOVAL
Legal Fees Imposed for Wrongful Removal of Case to Federal Court Must Be Paid by Party, Not Attorney

TRANSFER TO COURT OF CLAIMS
Exclusive Jurisdiction of Action Against City Univ. Is in Court of Claims; May Supreme Court Transfer Case to That Court?

 

 


SERVING ONLY AMENDED PAPERS
Failure to Serve Original Papers Within Allotted Time Not Cured by Amending and Then Serving Amended Papers

right arrow Backlog Items:

DISCOVERY RE ARBITRATION
Okay to Resort to Court to Help Identify Proper Person to Join in Arbitration

NOTICE TO ADMIT
Poor Introductory Language in Purported Notice to Admit Renders It Ineffective


         
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