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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).
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.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.