|Where we are – December 2020|
|RyKrisp is hoping you and your families are staying safe through these uncertain times. We can assure you that we are up to speed on uncertainty. We figure the end of 2020 is a good time for an update. |
Picking up from our last update, we are at the moment in litigation with the defendant’s insurer and seeking to collect the judgment. That is critical if we are to resume production of RyKrisp crackers. With the pandemic, justice is moving more slowly than normal, but we did have a hearing in front of the judge yesterday. Here is a quick recap of what went on. Apologies if boring you with details, but we thought you might appreciate a bit of the “flavor” of the proceedings.
After many months of delay, we had a hearing in front of our judge on various motions and counter-motions. The big picture is that it came out as well as we could have hoped, with the knowledge that we have a long, hard slog in front of us.
– The insurer filed various motions to dismiss the case. Based on the briefs, the judge found no legal authority to support the motion to dismiss
– Counts 1 and 2 that we filed relate to the insurer’s duty to defend and indemnify the defendant under their two insurance policies. The judge said these should proceed
– Counts 3 and 4 relating to “bad faith” and unreasonable and vexatious conduct should also proceed. Importantly, the judge stated this is a factual rather than a legal issue. Thus, this clears the path for making progress with Discovery, something that has held up these proceedings
– On our demand for a jury trial, the judge ruled a continuance on that, meaning no ruling for the moment.
Our next status hearing will be on February 3rd. Thanks as always for being loyal fans and wishing you the best for the holiday season.
The RyKrisp Team