Federal rule didn’t provide duty of care

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted June 18, 2020 10:40 AM

Reversing an $8 million verdict in a negligent misrepresentation case where six plaintiffs claimed they settled a deadly van rollover case for $1 million based on an initial disclosure the defendant submitted under Federal Rule of Civil Procedure 26 that falsely (according to the plaintiffs) said $1 million was the limit of the only available liability policy — although Rule 26 obligated the defendant to hand over any insurance policy that “may” apply — the 7th U.S. Circuit Court of Appeals …

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