Levy, Gershenoff, Robertelli and Kang Obtain Federal Decision Striking Pleadings

September 25, 2017 | Barry I. Levy | Max Gershenoff | John J. Robertelli | Gene Y. Kang | Insurance Fraud

Barry Levy, Max Gershenoff, John Robertelli, and Gene Kang of Rivkin Radler obtained a federal decision in New Jersey striking the pleadings of two Defendants alleged to be involved in a fraudulent insurance scheme in an action seeking more than $3 million in damages.

The decision, by Judge Anne E. Thompson of the United States District Court for the District of New Jersey, granted Plaintiffs’ motion to strike Defendants’ answers, stating they were not properly served and made short, vague denials that were evasive responses to a thorough, factually dense Complaint. In her decision, Judge Thompson held that the answers were made in bad faith and did not comport with both procedural and substantive aspects of the Federal Rules of Civil Procedure.

Thereafter, the Court also granted Plaintiffs’ request to enter defaults against Defendants based upon their stricken pleadings.

To read a copy of the opinion, click here.

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