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U.S. v. Stricker: Government Loses Big Time After Federal Judge Grants Defendants’ Motion to Dismiss Based on Statute of Limitations

On September 30, 2010, the Stricker opinion was released by the Alabama District Court. The opinion validated all of the rumors as to the case being dismissed due to statute of limitations issues. As suspected, the case was dismissed on the fact that regardless of whether a three- or six-year statute...

Oregon Supreme Court Decision Upholding Two-Year Limitation May Implicate Attorney Fee Exposure in UM/UIM Claims

John Bachofner, Shareholder, Bullivant Houser Bailey PC Anyone involved in uninsured/underinsured motorist ("UM/UIM") claims should carefully review today's Oregon Supreme Court decision in Bonds v. Farmers Insurance Co. of Oregon , which involves the Two-Year Limitation provision for...

Goldberg Segalla’s Professional Liability Monthly – October, 2011

Lexis.com subscribers may access the enhanced versions of the cases below. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. In this month's edition: DIRECTORS AND OFFICERS Questions of Fact Preclude Dismissal of Suit Based Upon Business Judgment Rule...

Uninsured and Underinsured Motorist Insurance – New Appleman on Insurance Law Library Edition, Chapter 65

By Jeffrey E. Thomas, Associate Dean and Professor of Law at the University of Missouri - Kansas City Uninsured and underinsured motorist insurance issues are among the most technical and complex in the area of automobile insurance. This chapter is intended to provide a framework for understanding...

New York’s Highest Court Holds Limitation on Suit Provision Unreasonable

In its recent decision in Executive Plaza, LLC v. Peerless Ins. Co ., 2014 NY Slip Op 898, 2014 N.Y. LEXIS 165, [ enhanced version available to lexis.com subscribers ], the Court of Appeals of New York, New York’s highest court, on a question certified from the United States Court of Appeals for...