(DOWNLOAD) "Brainard v. American Skandia Life Assurance Corp." by United States Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Brainard v. American Skandia Life Assurance Corp.
- Author : United States Court of Appeals
- Release Date : January 28, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
Plaintiffs-appellants Timothy Brainard, George Chanter, Robert Domachowski, and James Dovak (collectively "plaintiffs") appeal from a summary judgment entered in the district court in favor of defendant-appellee American Skandia Life Assurance Corporation ("ASLAC"). Plaintiffs complaint, filed against ASLAC and Kevin and/or Neil ODonnell and ODonnell & Company (a/k/a ODonnell Securities Corp.) (hereinafter referred to collectively as "the ODonnells"), alleges wrongdoing in connection with the purchase of certain annuity contracts from ASLAC. Plaintiffs first contend that the court erred by finding that no agency relationship existed between the ODonnells and ASLAC. Second, plaintiffs assert that the court wrongly termed the opinion of their chosen expert "conclusory" and thereafter disregarded the experts declaration. Third, plaintiffs argue that the court improperly granted a portion of ASLACs motion to dismiss and, fourth, inappropriately disallowed plaintiffs from amending their complaint to add a "necessary" party. Finally, plaintiffs complain that the district court erroneously failed to strike a declaration submitted by ASLACs attorney in support of its motion for summary judgment. We disagree and affirm the judgment.