Early Joining in Declaratory Judgment is Key
A person must be joined in a declaratory judgment action early if he or she is legally affected by it.
Post Judgment Intervention A Wiley Trickster
Post judgment intervention may be allowed in an extraordinary case when it is the only way to protect the intervention of rights.
Intervention as of right may be granted at a time in the proceedings when permissive intervention would not.
Never Overlook Prejudgment Interest
For the purposes of prejudgment interest, a lack of “good faith” is not the equivalent of bad faith.
A close examination of RC 1343.03 (C) underscores the following touchstones for analysis of whether a party has not failed to make a good faith effort to settle a tort action.
- Did the party fully cooperate in the discovery proceedings?
- Did the party rationally evaluate his risks and potential liability?
- Did they attempt to unnecessarily delay any of the proceedings?
- Did they make a good faith monetary settlement offer or respond in a good faith to plaintiff’s offer?
Importantly, it is not necessary for all four criteria to be denied in order to find a lack of good faith.