Legal Opinion
Northwestern Mutual Life Insurance v. Wender
District Court, S.D. New York
Decided September 17, 1996No. 95 Civ. 10222 (DAB)PublishedCited by 13 opinions
1Opinion of the Court
BATTS, District Judge.
Plaintiff brings this action for a declaration that the Defendant is not disabled; and accordingly, that Plaintiff is not obligated to pay disability benefits. Plaintiff moves to dismiss Defendant’s counterclaims and strike paragraph 68 of the Answer.
I. BACKGROUND
Plaintiff is incorporated, and has its principal place of business in Wisconsin. (Answer ¶ 28.) Defendant is a resident of New York. (Id. ¶ 30.) Defendant was an ophthalmic microsurgeon, until May 4, 1989, when he was involved in a waterskiing accident resulting in his inability to perform surgery. (Id. ¶¶ 37,…
2Cases cited27 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Walker Process Equipment, Inc. v. Food MacHinery & Chemical Corp.Supreme Court of the United States · 1965
- Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, N. A.New York Court of Appeals · 1995
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3Cited by13 opinions
- Globalnet financial.com, Inc. v. Frank Crystal & Co., Inc., A.I. Credit Corp., Docket No. 04-6679-CvCourt of Appeals for the Second Circuit · 2006
- Holborn Corp. v. Sawgrass Mut. Ins. Co.District Court, S.D. Illinois · 2018
- Wiener v. Unumprovident Corp.District Court, S.D. New York · 2002
- Lava Trading Inc. v. Hartford Fire InsuranceDistrict Court, S.D. New York · 2004
- Sterbenz v. AttinaDistrict Court, E.D. New York · 2002
8 more not listed; retrieve them via the Exa API.