Search the Issue Highlights:  

Search Tips

Issue Index About SPR Subscriptions The Author  
 

 

 
     

August 2001
 
Overview of topics...

Lead Note:

FIRST DEPARTMENT JUSTICES DIVIDE ON WHETHER UNINTENTIONAL TORTFEASOR CAN HAVE CPLR ARTICLE 16 REDUCTION BASED ON CONDUCT OF INTENTIONAL TORTFEASOR

General Practice:

 

  • Insurance "Regulation 68" Is Back, Reducing No-Fault Times from 90 to 30 and 180 to 45 Days
  • Lawyer's Repeated Sneers and Faces Generate Mistrial for Which Lawyer Pays Costs
  • Isn't Change of Venue Instead of Dismissal the Only Proper Remedy for Defective Venue?
  • Even in Federal Action, GML 50-e Notice of Claim Application Must Go to State Court
  • Mere Computer Printouts of Process Server Don't Suffice on Traverse; Paper Needed
  • Insurer's Refusal to Settle Can't Ground Bad Faith Claim If Chance to Settle for Policy Limit
    Is Gone by Time Liability Becomes "Clear"

 ARTICLE HEADLINES

FEATURE ARTICLE:
FIRST DEPARTMENT JUSTICES DIVIDE ON WHETHER UNINTENTIONAL TORTFEASOR CAN HAVE CPLR ARTICLE 16 REDUCTION BASED ON CONDUCT OF INTENTIONAL TORTFEASOR

GENERAL PRACTICE

MORE ON "REGULATION 68":
Insurance Department Re-Promulgates Regulation Reducing No-Fault Times from 90 to 30 and 180 to 45 Days

 
SANCTIONS FOR CAUSING MISTRIAL:
Lawyer's Repeated Sneers and Faces Made in Response to Court's Rulings Bring Mistrial, and Cost of It, Some $13,000, Is Assessed Against the Offending Lawyer

REMEDY FOR IMPROPER VENUE:
Isn't Change of Venue Instead of Dismissal the Only Proper Remedy for Defective Venue?

NOTICE OF CLAIM:
Federal Court Lacks Jurisdiction of Motion Affecting GML 50-e Notice of Claim Even Though Action Itself Is in Federal Court; Application Must Go to State Court

 
COMPUTER PRINTOUT RECORDS REJECTED:
Mere Computer Printout Records of Process Server Don't Suffice to Establish Service

INSURER'S REFUSAL TO SETTLE CAN'T GROUND BAD FAITH CLAIM IF PLAINTIFF NOT SHOWN WILLING TO SETTLE FOR POLICY LIMIT AFTER LIABLITY BECAME "CLEAR"
         
  ©1993 David D. Siegel  All rights reserved.   |   Web design & hosting by Azurelink.   |  Site Comments?