iFraud Deep Dive
Welcome to iFraud Deep Dive, an official podcast series of the iFraud Foundation — where we tackle the toughest issues facing the property and casualty industry in the fight against fraud.
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iFraud Deep Dive
S1 E50 TPLF Discovery Allowed In Systemic Fraud Case
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This episode of the Deep Dive takes look at the official decision and order from the Supreme Court of the State of New York, Appellate Division, First Judicial Department. This appellate ruling addresses an appeal in the case of Steven Antonio Cadena Lituma et al. v. Liberty Coca-Cola Beverages LLC et al. The court unanimously affirmed a lower court's order that granted the defendants' motion to vacate the note of issue and ordered further discovery.
As you'll hear, the justices agreed that unusual and unanticipated circumstances, including evidence of suspected fraud connecting the plaintiffs to other suspicious accidents, justified reopening discovery. Furthermore, the court upheld the order allowing defendants to seek materials related to the funding of the plaintiffs' litigation, concluding this information is material and necessary to potentially uncover a financial motive for fabricating the accident.
Maybe this will be the beginning of a change in discovery rules regarding TPLF in NY.