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.)

6 comments:

Anonymous said...

Sam Jackson in a pink wig- too funny! "Beez In The Trap!"

GB said...

The Google is a great resource.

Rumpole said...

I'm pretty sure the term has something to do with vampires. Nosferatu...and noscitur share the same latin root "nos" meaning both nasal appendage- which doesn't fit here, and "of long fangs" which sort of does.

Benefits of a classical education, not that we're bragging like certain federal bloggers that "pahk their cahr" at the courthouse.

Anonymous said...

Rumpole

Markus did one semester at Harvard - his last. He is a UM law student. I think he took 2 classes at harvard, a clinic and sports law.

we still love him, but just sayin'

Anonymous said...

The insurance co got the old Huck-a-buck.

Sandey said...

The Google is a great resource.