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7th Circuit rejects ‘kitchen sink approach’ in widow’s insurance appeal

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A woman whose husband died of cancer as their purchase of several Terre Haute-based car dealerships was failing is not entitled to proceeds of his life insurance policy – a policy that had been assigned as an asset in the sale of the lots – the 7th Circuit Court of Appeals ruled Monday.

The court affirmed rulings in favor of the insurer and third parties by Judge Larry J. McKinney of the U.S. Court for the Southern District of Indiana in Terre Haute. “Finding no merit in any of the issues appealed, we affirm the district court’s judgments,” Judge Michael S. Kanne wrote for the panel in Cincinnati Life Insurance Company v. Marjorie Beyrer,
12-2365.

The Beyrers managed and later began to purchase car dealerships owned by Mark Savoree. The 7th Circuit noted that the deal began to fall apart almost immediately and resulted in a series of lawsuits. In the instant case, the panel didn’t reserve criticism.

“Appellant’s complaint strikes us as exactly the type of ‘kitchen sink approach to pleading’ that we have previously found to violate the Federal Rules,” Kanne wrote. “At times, appellant’s convoluted language even renders it unclear precisely what fact she has attempted to allege.”

The opinion refers to an example paragraph and notes, “there are 27 different possible permutations of the allegation. … This was not appellant’s most complex sentence.” Judges expressed seeming exasperation with the appeal, noting, “The paragraph numbers restart at 119 after 150, which is yet one more example of how confusingly this complaint was constructed.”

The panel agreed with McKinney’s rulings dismissing the Beyrers’ cross-claims and third-party claims for failing to meet pleading standards; denial of motions for modification and reconsideration; and summary judgment on distribution of the life insurance proceeds.

Beyrer’s claims that asserted fraud or unjust enrichment against assignees of the policy failed to meet heightened pleading standards under Fed. R. Civ. P. 9(b) that require such allegations be made with particularity. “That means describing the ‘who, what, when, where, and how’ of the fraud,” Kanne wrote. “As the district court observed, appellant failed at this task.”

“Appellant contends that she (or, more realistically, her counsel) has done ‘more than the usual,’ including ‘traveling to the remote reaches of Illinois,’” Kanne wrote. “We are sympathetic to the travel required to find far-off court reporters, and we do not wish to cast aspersions on the level of effort expended by appellant or her counsel. But Fed. R. Civ. P. 9(b) does more than simply mandate that attorneys show some increased amount of work.”


 

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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