Mack v. Consolidated Rail Corp.

2 Citing cases

  1. Fed. Deposit Ins. Corp. v. Drew Mortg. Assocs., Inc.

    251 F. Supp. 3d 280 (D. Mass. 2017)

    The limitations period can be tolled, however, pursuant to the so-called discovery rule in which the limitations period does not commence until the facts giving rise to the claim for fraud were discovered or should have been discovered with due diligence. Fla. Stat. ยง 95.031(2)(a).Taking Drew's allegations in its third-party complaint as true, as the Court must do, see Mack v. Consolidated Rail Corp., 24 F.Supp.2d 126, 127 (D. Mass. 1998), it did not have to verify that Ferreira's information was accurate. Moreover, Ferreira's first mortgage was assigned to another mortgagee.

  2. Santana v. Inter-Am. Ins. Agency

    DOCKET NO. A-4689-10T3 (App. Div. Oct. 23, 2012)

    An intermodal shipment is one "that uses several modes of transportation such as sea, rail and road." Mack v. CONRAIL, 24 F. Supp. 2d 126, 127 (D. Mass. 1998). Motor Carrier agrees to defend, hold harmless and fully indemnify the Indemnitees (without regard to whether the Indemnitees' liability is vicarious, implied in law, or as a result of the fault or negligence of the Indemnitees), against any and all claims, suits, loss, damage or liability, for bodily injury . . ., including reasonable attorney fees and costs incurred in the defense against a claim or suit, or incurred because of the wrongful failure to defend against a claim or suit, or in enforcing subsection F.4 (collectively, the "Damages"), caused by or resulting from the Motor Carrier's: use or maintenance of the Equipment during an Interchange Period