CNH America Wins on Judicial Review of Commissioner Decision
CNH America appealed a ruling from Commissioner Godfrey effectively awarding tens of thousands of dollars of interest on a partial commutation claim. The Commissioner’s award held that under the law of the case doctrine the partial commutation was due as of an earlier arbitration decision as opposed to the date of the appeal decision affirming the partial commutation award. BNM attorneys, Peter Thill and Jordan Kaplan, argued the judicial review proceeding before Polk County District Court Judge Huppert, who reversed the Commissioner’s ruling on November 19, 2014. Judge Huppert held the law of the case doctrine was inapplicable and ruled the lump sum partial commutation was not due until the Commissioner affirmed the Deputy’s award of the same.