Pagett v. Allied Mutual Insurance Co.

2 Citing cases

  1. Corelink v. Phygen, LLC

    Case No. 4:13-CV-1842 (CEJ) (E.D. Mo. Dec. 12, 2014)   Cited 2 times
    Holding contract did not limit lost profits for breach of contract where provision explicitly addressed liability for defects in the product, but not liability for other claims

    While Phygen's statements in these pleadings can be used as evidence in this matter, they are ordinary admissions that may be considered by the factfinder in this matter and are not binding judicial admissions. Pagett v. Allied Mut. Ins. Co., No. 2:05 CV 00042 ERW, 2006 WL 2246428, at *3 (E.D. Mo. Aug. 4, 2006). e. Speculative damages

  2. W.D. Larson Cos. v. Koele (In re Koele)

    Bankruptcy No. 16-00971 (Bankr. N.D. Iowa Dec. 20, 2017)   Cited 1 times

    Where the pleadings are filed in a separate action, "they are ordinary admissions that may be considered by the factfinder in this matter and are not binding judicial admissions." Corelink v. Phygen, LLC, No. 4:13-CV-1842 CEJ, 2014 WL 7140442, at *6 (E.D. Mo. Dec. 12, 2014) (citing Pagett v. Allied Mut. Ins. Co., No. 2:05 CV 00042 ERW, 2006 WL 2246428, at *3 (E.D. Mo. Aug. 4, 2006)). Second, even if the doctrine of judicial admissions could apply here, it would not. "[A] judicial admission must be deliberate, clear, and unambiguous."