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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 DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.
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.