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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).
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.