7 results for 'casenum:"3:22cv50"'.
J. Whitney partially grants default judgment to an insurance company after its insured breached a general indemnity agreement. The insured, a contractor, failed to pay on a surety bond provided by the company of over $6.9 million. The company is entitled to this amount but cannot access the disbursement until after an underlying bankruptcy case against the insured is resolved.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 28, 2024, Case #: 3:22cv50, NOS: Other Contract - Contract, Categories: Bankruptcy, Insurance, Contract
J. Whitney partially grants an insurance company’s motion for default judgment against a contractor who filed for bankruptcy and has failed to pay on the balance of a bond for $6.9 million. The contractor has paid over $867,000 into a net estate fund, which will be disbursed to the company. However, future payments toward the balance will not be distributed until the entirety is paid off.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 21, 2024, Case #: 3:22cv50, NOS: Other Contract - Contract, Categories: Bankruptcy, Debt Collection, Contract
J. Doughty denies requests by a woman suing Walmart for a trip-and-fall to exclude as highly prejudicial and irrelevant, evidence of prior or subsequent accidents like the incident at the chain store. The ruling agrees with Walmart’s argument that such evidence is “wholly relevant” in determining damages. The woman and her husband were involved in a car accident nearly one year after the slip and fall incident. That suit is currently pending in state court. Both suits are for personal injury claims for several related injuries, such as cognitive issues, depression and pain in the limbs.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: October 18, 2023, Case #: 3:22cv50, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Evidence, Health Care
J. Richardson denies, in part, the hospital's motion to compel discovery, ruling that following an in-camera inspection, the consulting report written about the non-party health care provider is not required to be disclosed because it does not contain any of the financial information sought by the hospital and would be unrelated to its litigation.
Court: USDC Connecticut, Judge: Richardson, Filed On: September 26, 2023, Case #: 3:22cv50, NOS: Antitrust - Other Suits, Categories: Health Care, Discovery
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J. Jackson denies summary judgment to a Louisiana health care provider for Medicaid agencies, ruling in favor of its New York-based insurer in a dispute over coverage. None of the relevant communications prior to a 2019 settlement between an Oklahoma psychiatric facility, Florida’s Medicaid agency and the Louisiana health services corporation constituted “claims” as required by the New York insurer’s liability insurance policy covering errors and omissions. Therefore, coverage under the policy was never triggered.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: July 17, 2023, Case #: 3:22cv50, NOS: Insurance - Contract, Categories: Health Care, Insurance, Settlements