Jason E. Brown

Following a lengthy trial where the plaintiff was awarded $50,000 but the defendants obtained a costs award of over $3.4 million, the defendants moved to recover those costs from four non-party litigation loan providers who had advanced funds to the plaintiff.

The court declined to order costs against the non-parties, finding that while the loans carried exorbitant interest rates, providing them did not amount to an abuse of process under the 'person of straw' test or the court's inherent jurisdiction.

The court also noted that while litigation loans should be approved by the court in class proceedings, the statutory requirement to do so did not exist at the time the loans were made.

The plaintiff in a motor vehicle accident case brought a motion to exclude potential jurors who pay auto insurance premiums, arguing they have an inherent conflict of interest.

The plaintiff sought to introduce survey evidence suggesting residents would limit damages to lower their premiums.

The court excluded the survey evidence as inadmissible hearsay that failed the threshold test for expert evidence.

The court dismissed the motion, finding no statutory basis in the Juries Act to exclude such jurors or permit a broad challenge for cause, and no evidence of widespread bias to justify striking the jury notice.

The appellant, a plaintiff and defendant by counterclaim in a motor vehicle accident action, appealed a Master's order dismissing his motion to remove the plaintiffs' counsel of record due to an alleged conflict of interest.

The appellant argued that because he was counterclaimed against for contribution and indemnity regarding his co-plaintiff daughter's damages, their joint counsel was in a disqualifying conflict.

The Superior Court dismissed the appeal, finding no palpable and overriding error in the Master's conclusions that the risk of conflict was remote, that the clients had provided fully informed consent to waive any potential conflict, and that the risk of improper disclosure of confidential information was speculative.