Tuesday, September 30th, 2008

Ethics: Does Plaintiff’s Attorney “Represent” the Subrogated Insurer?

The Ethics Committee of the Alaska Bar Association has addressed this issue:
The question presented here is whether an attorney pursuing an insurer’s subrogated claim at the request of the insured may also be said to “represent” the insurer for purposes of the Alaska Rules of Professional Conduct, at least in the absence of an express […]

Tuesday, September 30th, 2008

Legal Miscellanea

Post-deadline amendment of pleading:  In an FMLA lawsuit, Judge Ralph Beistline has denied the employee-plaintiff’s motion to add claims of breach of the implied covenant.  Beistline applied Civil Rule 16(b)(4) rather than Civil Rule 15(a) because the employee filed the motion after the pre-trial order’s deadline for amendments.  Kinney v. Holiday Companies, 3:07-cv-0147-RRB (D.Alaska Order […]