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      Issue Number 267

March, 2014
 

Overview of topics...

LEAD NOTE:

  • Punishment of Mortgagee Who Doesn't Cooperate at Conference: Punitive Money Sanction and Reduction of Principal by That Amount Found Too Draconian

SPECIAL NOTE:

  • Exempt Funds in Debtor's Account: Bank's Failure to Forward Notices to Depositor D Results in Vacatur of Restraint Even Though Creditor P Not at Fault

GENERAL PRACTICE:

  • Inconsistency Among Answers to Interrogatories Requires Either That Jury Reconsider, or That New Trial Be Ordered
  • Law Imposing Duty on Health Insurers to Make Prompt Payment Is Not Limited to Administrative Enforcement; Private Right of Action Is Implied
  • Parties Admonished Not to Forget That Referees Also Have Rules That Need Consulting
  • When Instrument Calls for More Than 25% Interest, Even Corporation Can Plead Usury, and Here Ultimate Usury Penalty Is Applied
  • Supreme Court Says P's Gambling Winnings, Seized by Drug Agent in State A, Can't Support Jurisdiction of Agent in State B

 


 ARTICLE HEADLINES


Feature Article

PUNISHMENT OF MORTGAGEE WHO DOESN'T COOPERATE AT CONFERENCE
Punitive Money Sanction and Reduction of Principal by That Amount Found Too Draconian

arrow Special Note

EXEMPT FUNDS IN DEBTOR'S ACCOUNT
Bank's Failure to Forward Notices to Depositor D Results in Vacatur of Restraint Even Though Creditor P Not at Fault


 


arrow General Practice Points: Other Decisions

INCONSISTENCY IN VERDICT
Inconsistency Among Answers to Interrogatories Requires Either That Jury Reconsider, or That New Trial Be Ordered

PROMPT PAY LAW
Law Imposing Duty on Health Insurers to Make Prompt Payment Is Not Limited to Administrative Enforcement; Private Right of Action Is Implied

 

 

RULES OF SPECIAL REFEREES
Parties Admonished Not to Forget That Referees Also Have Rules That Need Consulting

CRIMINAL USURY
When Instrument Calls for More Than 25% Interest, Even Corporation Can Plead Usury, and Here Ultimate Usury Penalty Is Applied

LONGARM JURISDICTION
Supreme Court Says P's Gambling Winnings, Seized by Drug Agent in State A, Can't Support Jurisdiction of Agent in State B 


         
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