The case of Allstate vs. Auto Glass America and its owner, Charles Isaly (AGA) produced more than 30 separate legal filings in the month of November—an average of more than one per business day. The filings appear to coalesce around three main issues:
- The admissibility of “expert witnesses” on both sides. So-called Daubert challenges have been raised against such witnesses and the court must rule on the admissibility of such testimony as each side makes its case in filings. Each side is attempting to exclude at least some opinion of the other sides’ expert. Allstate has requested that oral arguments be made on this point;
- A number of depositions were also filed with the Court in November, including additional information from Isaly and former employees and subcontractors;
- Motions for and against sanctions generally centering on whether or not the Court’s order for certain financial information had been followed.
On November 30, Laurence M Kopelman, PA, one of the firms representing AGA, also filed a motion to end its representation saying that its “advice is no longer necessary.” The motion was granted on December 1.
Allstate filed the lawsuit in December 2018, alleging that AGA had engaged in a plan to unlawfully obtain payment for excessive and/or unreasonable charges by submitting inflated invoices which the insurer paid at a reduced rate (also known as short-rating). Allstate alleged AGA would then sue them when it paid less than the invoice amount. AGA has since filed a counterclaim against Allstate.