Commercial Law World - Issue 4, 2017 - 28

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Tales From The Front
- Continued from page 27

Button-Bright sheepishly replied, "Nope."
Judge Diggs continued to inquire. "Were the services excluded?"
Button-Bright stated, "I don't think so."
"Were you actively enrolled in Philadelphia Insurance when the
services were rendered?"
Button-Bright smugly asserted, "Of course."
"Did you exceed or exhaust your applicable benefit limit?"
Button-Bright affirmatively exclaimed, "Never!"
Judge Diggs looked at me, eyes piercing me like a winged
monkey's talon. "Counselor, you have no basis to charge ButtonBright. Case dismissed!"
Aside from the fact that clearly, I wasn't charging Button-Bright, I
plead to Judge Diggs to explain the basis of his wicked decision, since
the letter was devoid of any signatory, never identified Marvelous Oz
Hospital, and most importantly, was the very epitome of hearsay.
Judge Diggs paused, and cowardly muttered, "It's not hearsay".
I began to explain the definition, as heartfelt as I could. "But
Judge, hearsay is an out of court statemen..."

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Judge Diggs roared. "Counselor, it's not hearsay! It's from
Philadelphia Insurance! It's reputable! Philadelphia Insurance is
a national company. You cannot attack Philadelphia Insurance's
authenticity! Pay no attention to the insurance company behind the
curtain!" Lightning flashed, thunder crashed, and the room shook.
I asked Judge Diggs for a written decision, and he rendered
one right from the bench. "Based on the uncontrovertable
correspondence presented by the Defendant, Plaintiff is prohibited
from proceeding against Defendant. Said correspondence is hereby
made a part of the record. Case dismissed with prejudice."
Clearly, I wasn't going to accept this. I sought to appeal Judge
Diggs's ruling. The Hospital whole-heartedly agreed, and even paid
me in rubies to prosecute the appeal. I didn't have to have a genius
brain to reiterate to the Appellate Court of Oz, the overly broad
handed and humbug way that Judge Diggs dismissed my case
I received a short decision, a tiny time later. "Even assuming
the authenticity and admissibility of the correspondence, at this
juncture, it did not conclusively establish a defense as a matter of law,
warranting the drastic measure of an unsolicited dismissal prior to
trial. Dismissal is overruled, and case is restored to the calendar."
The next time the matter was heard, it was before Judge Glinda,
who did not fall victim to the illusions, and granted us a judgment
based on Button-Bright's admissions.
Unfortunately, Button-Bright soon left the Land of Oz and has
not been seen since. And Judge Diggs left Oz as well, presumably
back to Nebraska. 

OCT /NOV /DEC 2017


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Table of Contents for the Digital Edition of Commercial Law World - Issue 4, 2017

Contents
Commercial Law World - Issue 4, 2017 - Cover1
Commercial Law World - Issue 4, 2017 - Cover2
Commercial Law World - Issue 4, 2017 - Contents
Commercial Law World - Issue 4, 2017 - 2
Commercial Law World - Issue 4, 2017 - 3
Commercial Law World - Issue 4, 2017 - 4
Commercial Law World - Issue 4, 2017 - 5
Commercial Law World - Issue 4, 2017 - 6
Commercial Law World - Issue 4, 2017 - 7
Commercial Law World - Issue 4, 2017 - 8
Commercial Law World - Issue 4, 2017 - 9
Commercial Law World - Issue 4, 2017 - 10
Commercial Law World - Issue 4, 2017 - 11
Commercial Law World - Issue 4, 2017 - 12
Commercial Law World - Issue 4, 2017 - 13
Commercial Law World - Issue 4, 2017 - 14
Commercial Law World - Issue 4, 2017 - 15
Commercial Law World - Issue 4, 2017 - 16
Commercial Law World - Issue 4, 2017 - 17
Commercial Law World - Issue 4, 2017 - 18
Commercial Law World - Issue 4, 2017 - 19
Commercial Law World - Issue 4, 2017 - 20
Commercial Law World - Issue 4, 2017 - 21
Commercial Law World - Issue 4, 2017 - 22
Commercial Law World - Issue 4, 2017 - 23
Commercial Law World - Issue 4, 2017 - 24
Commercial Law World - Issue 4, 2017 - 25
Commercial Law World - Issue 4, 2017 - 26
Commercial Law World - Issue 4, 2017 - 27
Commercial Law World - Issue 4, 2017 - 28
Commercial Law World - Issue 4, 2017 - Cover3
Commercial Law World - Issue 4, 2017 - Cover4
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