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Daily Archives: Thursday, May 31, 2018

Posted: May 31, 2018

Court Rejects Bid to Submit Expert Report a Year Late

On May 18, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in NexBank, SSB v. Soffer, 2018 NY Slip Op. 30974(U), rejecting a request to file an expert report over a year after the deadline for exchanging reports, explaining: Commercial Division Rule 13 requires a plaintiff who intends to call... Read more »

Posted: May 31, 2018

Insured Not “Indispensable Party” In Insurer’s Subrogation Action Where Joinder Would Defeat Diversity Jurisdiction

On May 25, 2018, Judge Furman of the SDNY issued a decision in American Ins. Co. v. Kartheiser, Case No. 17-CV-5545 (JMF), denying a motion to dismiss a subrogation action for failure to join the insured as a party. In American Ins. Co., an insurer brought a subrogation action in federal court, seeking to recover amounts... Read more »