Sunday, March 15, 2009

It's still 1984: That's why Derrick Gillenwater cannot discover the name of Defendants Denner and Barron's insurance carrier.

Ever since October, 2008 Derrick Gillenwater has sought the identity of the insurance carrier(s) for legal malpractice Defendants Jeffrey Denner and Kevin Barron, and ever since October, 2008 the Defendants have successfully avoided providing this legally-required information. The Court has of course entirely silenced Mr. Gillenwater, so he can't blog about this case, and he can't even file any court documents -- even though there has never been any finding that he filed one single frivolous pleading.

The problem with not knowing the identity of the insurance company is that Mr. Gillenwater's rights have been violated (yet again) such that he can't proceed on a 93A Bad Faith claim for the insurance company not to pay on Defendant Barron's case. This issue was a point of inquiry in the Harvard Law School's Citizen Media Law Blog. Note that the Court identified the issue in its own ORDER while steadfastly ignoring Plaintiff Gillenwater's request. Now I hear that Mr. Gillenwater is supposed to settle his case with Attorney Denner on Monday, so the identity of the insurance company may finally be known because it may be on the check.

All of this made me wonder if it will be CNA Financial Corp., General Electric Co.'s Employers Reinsurance Corp., Hartford Financial Services Group Inc., American Financial Group Inc. or Arch Capital Group Inc, all of whom have been subpoenaed by former NY AG Eliot Spitzer for failing to diligently cover claims.

This case has shown us what is so very wrong about America's legal system in so many eye opening ways even I can't believe it, and I've been involved in law now for 3 solid decades. Derrick Gillenwater's music video hints at some of it, and as I understand it he is entitled to tell his life story, so long as he leaves out anything about this action. I'm sure by his conduct to this point (he refused to even discuss the amount of his upcoming settlement with Denner) that he will honor the terms of the agreement. Anyway, I look forward to hearing all about it -- especially the part about heroin-indicted Defense Lawyer Kevin L. Barron -- who apparently did not have his own insurance carrier. But again, how would we really know, since the Court doesn't care enough to order production of that information, ignoring Plaintiff's Motion to Compel and forbidding him to file any pleadings whatsoever.

3 comments:

opencourts said...

Of course if Kevin Barron settles then the same terms of silence would apply.

I have the feeling that's fine with Plaintiff Gillenwater. After all, folks can just go and look up Defendant Barron's apparent walk of shame without any assistance from Plaintiff Gillenwater. From what the law students tell me Mr. Gillenwater is just more than happy to get on back with this life -- with the money he wasted on Kevin Barron back in his pocket.

I salute that.

Boston Bob

Anonymous said...

try to get a gun permit in boston. that is a real challenge.

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