extension of the common law right of setoff
in New York Debtor &
3) Although verdicts may be setoff
under the act, the common law collateral source rule still persists and bars the admission of the existence of collateral sources of indemnity at trial.
Allowing such a double setoff
would frustrate the [legislature's] intention [in the state's UIM regulation].
49) And "assumptions" presumably relate to a description of the economic environment in which a taxpayer operates, as well as other matters that could affect the compilation of relevant data over multiple years for comparison purposes, the utilization or other effects of losses with reference to pricing and the significance of deliberate setoffs
, to result in overall arm's length income that in transactional terms departs from the arm's length principle.
Greatly complicating the restraint of debt-paying is the fact that restraining notices apparently do not restrain setoffs
In 1997, the Florida Legislature attempted to come to the rescue and finally resolve all of the confusion surrounding the entitlement to credits and setoffs
when the marital home is sold.
21) The temporary regulations also provide for correlative adjustments and setoffs
, which are essentially the same rules provided under the 1968 regulations.
Additionally, the transaction calls for contingent earn-out payments to be received by BankAtlantic Bancorp and Ryan Beck option holders (who will, subject to certain agreed upon setoffs
, receive up to an aggregate of 3.
This allows for setoffs
free and clear of any lien.
and Credits in the Marital Residence and Jointly Titled Real Property
jurisdictions for key reinsurance topics, including: Allowance/Estimation of Claims, Arbitration Laws, Bulk Reinsurance, Campaign Finance Laws, Capital/Surplus Requirements, Contract Clause Requirements, Credit for Reinsurance Laws, Credit for Reinsurance - Regulations, Cut-Throughs, Extraordinary Dividend Laws, Filing Requirements, Fraud, Fronting, Holding Company Act, Holocaust, Intermediary Model Act, Lobbyist Registration and Reporting, Mirror Image Reserving, Pre-Answer Security, Record Retention Requirements, Setoffs
, Standard Fire Policy, Title Reinsurance.
How to draft an enforceable proposal for settlement whether joint or otherwise requires careful consideration of all the nonmonetary issues that might be implicated by the procedural tool including the composition of the verdict, judgment, possible setoffs
, exposure to attorneys' fees, and possible indemnity claims.
The notes payable are subject to setoffs
for uncollected accounts receivable and work in process, and changes in the net tangible assets through the date of closing.
Since the first and the second collision parties are not joint tortfeasors, there cannot be any contribution and therefore no setoffs
118(6) contains an internal "setoff
" provision designed to provide guidance to trial courts faced with the task of applying the caps on noneeonomic damages in conjunction with other reductions for comparative fault and setoffs
for economic damages.