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4 Aug 2011, 10:00 am by webmaster
Explaining why he opted for innovative case management tactics rather than simply denying certification altogether, Judge Stearns noted that “‘[c]ourts traditionally have been reluctant to deny class action status under Rule 23(b)(3) simply because affirmative defenses may be available against individual members.’” [read post]
4 Aug 2011, 10:00 am by webmaster
 Explaining why he opted for innovative case management tactics rather than simply denying certification altogether, Judge Stearns noted that “‘[c]ourts traditionally have been reluctant to deny class action status under Rule 23(b)(3) simply because affirmative defenses may be available against individual members. [read post]
6 Nov 2017, 1:39 pm by Kenneth Vercammen Esq. Edison
The municipal court shall declare the dog vicious if it finds by clear and convincing evidence that the dog:(1) killed a person or caused serious bodily injury as defined in N.J.S.2C:11-1(b) to a person; or(2) has engaged in dog fighting activities as described in R.S.4:22-24 and R.S.4:22-26.b. [read post]
7 Mar 2020, 8:24 am by Jeffrey P. Gale, P.A.
The primary battleground in the fight for non-economic damages is part (b), which involves more subjectivity than parts (a), (c), and (d). [read post]
22 Apr 2011, 5:33 am by By DEALBOOK
Sheila Bair has only a few months left running the Federal Deposit Insurance Corporation, and the Economics of Contempt blog thinks she would be a great candidate for the top job at the Consumer Financial Protection Bureau. [read post]
6 Nov 2017, 1:52 pm by Kenneth Vercammen Esq. Edison
After a hearing , NJSA 2C:25-29 (b) allows the Chancery Division, Family Part Judge to grant substantial relief to the complainant. [read post]
19 Apr 2006, 11:22 am by Lisa B. Keyfetz
The post discussed new barriers for chapter 11 debtors who seek to insure that utilities do not discontinue service following a bankruptcy filing under BAPCPA, on account of new requirements defining adequate assurance of payment and new procedures that take away the debtor’s bargaining power. [read post]
19 Apr 2006, 11:22 am by Lisa B. Keyfetz
The post discussed new barriers for chapter 11 debtors who seek to insure that utilities do not discontinue service following a bankruptcy filing under BAPCPA, on account of new requirements defining adequate assurance of payment and new procedures that take away the debtor’s bargaining power. [read post]
3 Nov 2013, 9:42 am by Mark S. Humphreys
Where a car A strikes car B and propels it into car C, there is physical contact between Car A and Car C within the meaning of such a provision. [read post]
22 Jun 2009, 3:16 am
  Particular areas of reform include: (a) the required contents of an insurance policy; (b) insured’s obligations; (c) ramifications of errors, omission and inaccuracies in policy applications and disclosures; (d) bad faith denial of coverage; (e) subrogation; (f) arbitration; and (g) third party rights under liability insurance; and reinsurance. [read post]
8 Oct 2019, 10:56 am by Denise Webb Glass (US)
Medicare Part C, commonly known as Medicare Advantage, is administered by private insurers in which CMS pays the health insurer  on a fee per beneficiary basis and the insurer in turn pays providers a negotiated rate for the health care services they provide. [read post]
12 Sep 2021, 5:54 am by McKennon Law Group
Insurance Code Sections 10113.71 and 10113.72 require: (1) insurers to provide notice to applicants and annual notice to policyholders of their right to designate someone other than themselves to receive lapse notices (Section 10113.72 (a), (b)); (2) policyholders and any designees to receive notice within 30 days of a missed premium payment, and any termination for nonpayment will not be effective unless insurers send notice to these parties at least 30 days… [read post]
22 Nov 2022, 2:08 am by David Pocklington
If the policy document is not clear, the insurer should be consulted. [read post]