Friday, November 2, 2012
Insurer to Judge Huck: Good God Did You Get Things Wrong!
Let's say you have an insurance company as a client, and the company doesn't want to defend a class action, relying on an alleged policy exclusion.
The insured and you both file cross-motions for sj before Judge Huck, and you wind up losing the motion because the Court finds there was a duty to defend.
What do you do?
Of course, the only logical option is to go back to the well on a motion for reconsideration and explain that Judge Huck simply screwed up in three major ways and thus committed "clear error."
Guess how that turned out.
Interesting side note -- the Judge goes all "deep cuts" with a reference to the doctrine of noscitur a sociis -- quick, does anyone know what means?
(No fair if you Googled it.)