Tag Archives: Collateral

Collateral Source Rule Applies to Louisiana Workers’ Compensation Insurance Payments—or Does It?

In a personal injury case, the collateral-source rule bars a tortfeasor, a defendant, from reducing his liability by the amount the plaintiff recovers from independent sources. It is a substantive rule of law, as well as an evidentiary rule (disallowing … Continue reading

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Appellant’s Claim Barred Due to Res Judicata, Collateral Estoppel

Matter of A. NY Slip Op 05842 The co-executor of the estate petitioned the court pursuant to 2103 to determine if certain funds were withheld from the estate of A. This appeal is from 2 Surrogate Court orders brought by … Continue reading

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Harmonizing cash collateral perfection rules between Canada and the U.S.

In secured financing transactions, cash is a popular and useful form of collateral. It is fully liquid, readily available and transferrable, and its value is always known. A debtor holding cash in a deposit account may wish or be required … Continue reading

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Case Law Development: No Collateral Attacks on Second Parent Adoptions

Alexander Rhoads of the Iowa Divorce & Family Law Blog reports on the Iowa Supreme Court decision in Schott v. Schott, in which the court held that a trail court could not collaterally attack the validity of a second parent… … Continue reading

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The doctrine of collateral estoppel bars the relitigation of a legal or factual issue that was previously decided

The doctrine of collateral estoppel bars the relitigation of a legal or factual issue that was previously decidedWashington v NYC Department of Education, USCA, 2nd Circuit, 17-3776-cvIn Grieve v Tamerin, 269 F.3d 149, the Circuit Court of Appeals said that … Continue reading

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