by John Darer® CLU ChFC MSSC RSP CLTC
The Appellate Division for the 4th Judicial Department of the New York State Supreme Court has affirmed the lower court's decision to dismiss the anti-trust lawsuit brought by a Buffalo structured settlement broker against Medical Liability Mutual Insurance Company and several members of its structured settlement panel.
The 4th Department decision was entered October 2, 2015. in
PAUL K. ISAAC AND PARAMOUNT SETTLEMENT PLANNING, LLC, PLAINTIFFS-APPELLANTS vs MEDICAL LIABILITY MUTUAL INSURANCE COMPANY, RINGLER ASSOCIATES, INC., BLACK, HOLCOMB, SMITH & ASSOCIATES, INC., KIPNES CROWLEY GROUP, LLC, THE PENSION COMPANY, AND JMW SETTLEMENTS, INC., DEFENDANTS-RESPONDENTS. 914 CA 15-00256
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered April 23, 2014. The order granted the motions of defendants to dismiss the second amended complaint. The 4th department stated:
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.
Read Structured Settlement Anti-Trust Case Against Medical Liability Mutual and Brokers Dismissed, my April 25, 2014 write up of the Supreme Court decision.