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18 Jul 2012, 5:16 pm by Daniel E. Cummins
” Judge McLaughlin found that it “makes sense” to separate out the UIM claims from the bad faith claims in this matter. [read post]
9 Jul 2012, 10:20 am by Frank Pipitone
Breaking the Bankruptcy Law is a Serious Matter was originally published by: Pipitone Law [read post]
26 Jun 2023, 9:25 am by Lee E. Berlik
The statute immunizes against defamation liability most statements made in good faith on matters of public concern (i.e., statements relating to any matter of political, social, or other legitimate concern to the community). [read post]
25 May 2012, 11:00 am by Marsha Tesar
What if you are a person of great faith and religious conviction? [read post]
9 Jul 2010, 8:23 pm by Daniel E. Cummins
State Farm, 589 F.Supp. 559 (M.D.Pa. 2008).Reviewing the Plaintiff's allegations in this matter, Judge Munley determined that the bad faith allegations were preempted by section 1797 because the dispute over the findings of the IME doctor revolved around a dispute over whether the Plaintiff's treatment was reasonable or necesary. [read post]
1 Feb 2021, 9:05 pm by Katherine McKeen
”The post When Courts Play God, Whose Religion Matters? [read post]
12 Jun 2016, 5:29 pm by Joy Waltemath
As an initial matter, after the union’s counsel failed to timely answer multiple discovery requests propounded by the employee, and failed to respond to the trial court’s order granting the employee’s motion to compel the union to answer the discovery requests, the trial court ordered those requests for admission to be deemed admitted. [read post]
16 May 2014, 6:00 am by Daniel E. Cummins
   More specifically, with regards to the carrier’s redaction of all reserves information, the court found that, because the Plaintiff had alleged that the carrier acted in bad faith during its investigation of the UIM claim, the amount set aside for reserves by the carrier could be relevant to the determination of whether or not the carrier acted in bad faith in processing the claim. [read post]
8 Nov 2011, 2:19 am by John Day
 Regular readers know that I typically don't write about our firm's cases on this blog. [read post]
17 Aug 2010, 3:30 am by Chip Merlin
At this stage, “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face. [read post]
17 Nov 2009, 2:21 pm by Mike Aylward
As is often the case in such matters, Arnsdorff then assigned his rights to Fortner who brought a bad faith action against Grange for failing to settle. [read post]
21 Nov 2019, 12:27 am
Key Takeaways Case law suggests that actual knowledge of a counter-party's rights, without more, does not automatically constitute bad faith. [read post]
22 Jan 2011, 5:52 am by Daniel E. Cummins
"The court also noted that the carrier's actions in this matter of desiring to conduct additional discovery on the causation issues was further supported by the opinion of the defense IME doctor who raised questions as to the causation and extent of injuries issues.For these reasons, the court granted summary judgment in favor of the carrier on the bad faith claim.The bad faith expert for the prevailing defendant carrier was Attorney David Cole (email:… [read post]
11 Dec 2009, 9:59 am
It is wrong-headed because the insistence on criminal prosecution of attorneys based solely upon their good faith interpretation of the law is highly unlikely to succeed as a matter of both U.S. and international law. [read post]
24 Jun 2022, 9:05 pm by Public Employment Law Press
Petitioner's unauthorized absences from November 13, 2019 to the date of his termination, along with his failure to follow ACS sick leave policy, served as a good-faith basis for firing him (see e.g. [read post]
24 Jun 2022, 9:05 pm by Public Employment Law Press
Petitioner's unauthorized absences from November 13, 2019 to the date of his termination, along with his failure to follow ACS sick leave policy, served as a good-faith basis for firing him (see e.g. [read post]
8 May 2023, 4:01 am by Peter Mahler
In Matter of Gurney’s Inn Resort & Spa, Ltd. the Manhattan Commercial Division awarded 6% interest on its fair value award which, the court wrote, “approximates the rate which Gurney’s must pay for capital. [read post]