Vimegnon v. Gallagher Bassett Services, Inc.

What the court wrote

Verbatim from the court's document (public domain). Ellipses mark omitted text; nothing is paraphrased.

pages 514-15. Neither Tyler nor O’Donnell have any relevance to the third-party beneficiary issue for which plaintiff cites “Abbot v. Washington County,” nor can the Court locate another relevant case by that name. Although the Court declines to sanction plaintiff for this single erroneous citation for an uncontroversial proposition, plaintiff is warned that inclusion of non-existent or fabricated legal authority in filings with the Court justifies a range of sanctions including monetary penalties, striking of offending briefs, and dismissal of the case. See Couvrette v. Wisnovsky, No. 1:21-cv-00157-CL, 2025 WL 4109655, at *15 (D. Or. Dec. 12, 2025). Because the PAC fails to sufficiently allege that plaintiff is an intended beneficiary, which is a required element for both donee and creditor beneficiaries, the distinction between the two is irrelevant to this decision. defendant settled claims with others involved in the underlying car accident and did not timely inform plaintiff, that it had a “broader role and responsibility that aligns with the functions of an insurer,” and that it failed to reopen the claim file when plaintiff disputed liability, see Pl. Obj. 3, 5—are not relevant to the question of whether