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Challenging Postjudgment Garnishment Actions Against Insurers
After resolving a case against an insured defendant through settlement or trial and obtaining a judgment for money damages, plaintiff's attorneys sometimes seek to collect the judgment directly from the defendant's insurer. The strategy involves the postjudgment garnishment of insurance policies of the insured (as the judgment debtor) by the claimant (as a judgment creditor) through a proceeding against the insurer (as a garnishee).
What is a garnishment? “Garnishment is a remedy created and controlled by statute ' It is a statutory proceeding whereby a [judgment debtor's] money or property in possession of another [i.e., the garnishee] are applied to payment of the former's debt to a [judgment creditor].” Mayor and City Council of Baltimore v. Utica Mut. Ins. Co., 802 A.2d 1070, 1081 (Md. Ct. Spec. App. 2002) (internal citations omitted) (“Mayor“). Garnishment can either be prejudgment or postjudgment. The principle difference between the two is that in postjudgment garnishment, the creditor has obtained judgment. As a result, many of the procedural impediments faced by a creditor seeking a prejudgment writ of garnishment are in large part removed. See Schneidler v. Feeder's Grain and Supply, Inc., 24 S.W.3d 739 (Mo. Ct. App. E.D. 2000).
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.