Mr. Smiths attorney enters an interpleader action to determine how the remainder of the funds will be divvied up, as there is not enough to cover all of the outstanding bills. It is not uncommon for a person or entity holding money to be placed in a situation where multiple parties claim entitlement to the funds being held. 890 (KPF) (S.D.N.Y. R. On January 9, 2012, the court issued an order directing that the sale of the Policy occur by auction on or before February 7, 2012. Lets talk about your legal issues. Results turn on, among other things, the facts and law applicable to each unique case. Factors in Determining Privilege [18] In addition, s. 65 of the 2007 Act declared: (1)This Chapter replaces the common law rules about the exercise of the powers which under it become powers to use the procedure in Schedule 12. 1335 . - All Rights Reserved, Community Advocacy & Social Responsibility. Rule 8(c) requires that both defenses to liability and defenses that potentially mitigate damages must be set forth in the pleadings. The complaint fails to state a claim upon which relief can be granted. Assumption of risk. RULE 22. 2003), - failure to take advantage of effective system to report/stop harassment (in Title VII actions, called the Faragher-Ellerth defense) (see Jones v. D.C. Dept. Defendant affirmatively alleges that it provided. 1994). For that reason, especially when the disputed funds are small like in residential real estate transactions, it may be in the best interest of even the legally right claimant to settle a dispute and accept a reduced amount before the interpleader action is filed. In an interpleader action, the party initiating the litigation, normally the plaintiff, is termed the stakeholder. SPV-LS LLC v. Citron, 2018 N.Y. Slip Op. 28 U.S. 1335 Interpleader: (a) the district courts shall have original jurisdiction of any civil action of interpleader filed by any person, firm, or corporation, association, or society having in his or its custody or possession money or property of the value of $500 or more, or having issued a note, bond, certificate, or policy of . sOTO'/,SZ+&'DN; o/0r;+CW If the court grants the interpleader, the stakeholder is dismissed from the action. 29, 2018) (citing Bradley v. Kochenash, 44 F.3d 166, 168 (2d Cir. AS AND FOR A FIRST AFFIRMATIVE DEFENSE: 21. Admitted. Cir. As a fifteenth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that the unverified Complaint, and each and every cause of action therein, is barred by the Doctrine of Integration and the Parole Evidence Rule. Please check official sources. B. Interpleader Action Under 28 U.S.C. 5. The Supreme Court of the United States ruled in New York Life v. Dunlevy 241 U.S. 518, that for a claimant to be bound by an interpleader that party must be served process in a way that obtains personal jurisdiction. Connect with me on LinkedIn. - Noerr-Pennington defense (antitrust) (a Sherman Act defendant can raise the affirmative defense of right to petition for redress, even if they use that right to try to gain an anti-competitive advantage). As a twelfth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that Plaintiff, by his acts, conduct and/or omissions, has ratified the acts, conduct and omissions, if any, of these answering Defendants; therefore, Plaintiff is barred from seeking any relief from these answering Defendants. Ins. $ vrM1iz,UEFx952D An interpleader action is a lawsuit that is filed in county or circuit court in the jurisdiction where the escrowed funds are located. (in an ADA Defense Answer . 3. (Ohio Civ. 6. 1995)). Complaint Affirmative Defenses And is additionally useful. As a third, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that they have incurred damages by reason of Plaintiffs conduct and that it has the right of offset of any amount of monies owed to Plaintiff by way of damages. CO John Smith gets into an automobile accident, and it is determined that it is the other drivers fault. 15. The purpose of an affirmative defense is to give enough notice of your defenses so that Plaintiff and the Court understand your argument. The information it not intended to be used by anyone other than a licensed Arizona attorney familiar with Arizona personal injury law. Thus, the rules for pleading that are so commonly used in demurrers to complaints are also applicable to demurrers to answers. This is not to be used in all matters or cases, and each matter or case is different. 5. 11) Order 2014", "The Civil Procedure (Amendment) Rules 2014: Section 36", Practice Direction 83 - Writs and Warrants - General Provisions, Practice Direction 84 - Enforcement by taking control of goods, "The Taking Control of Goods Regulations 2013", "Federal Interpleader and Some Recent Cases", Commercial Union Insurance Co. v. U.S. 999 F.2d 581 (1993 DC Cir. The insurance company is ready, willing, and able to pay the policy proceeds in specified percentages to named beneficiaries as last directed by the policyholder, but becomes aware of a dispute among them and/or third parties as to who are the proper beneficiaries or the proper distribution of proceeds among the beneficiaries. It is often used to resolve disputes arising under insurance contracts. 89501. Proc., 430.80.) {Facsimile: }, In the Superior Court of the state of Arizona The court in the South Dakota Action ultimately found that Plaintiffs were entitled to the Policy proceeds. requires a party to "set forth affirmatively . 1 S Church Ave #1000 . 14. 11. The first stage determines if the stakeholder is entitled to an interpleader and if he should be discharged from liability. One day before the auction, the Trust filed a voluntary bankruptcy petition in the Eastern District of New York (Bankruptcy Action). Affirmative defenseInterpleaderIn action for commission from real estate sale TX-PP 146:14 Texas Jurisprudence Pleading and Practice Forms (Approx. Ignorance of the law is rarely a defense to liability, but if proven, ignorance that racial discrimination violates federal law may be a defense to punitive damages in Title VII cases. All defendants having a possible interest in the subject matter of the case are called claimants. Bankers Trust Co. v. Hogan, 196 A.D.2d 469 (1st Dept. SPV-LS arose out of a dispute over proceeds of a stranger-originated life insurance policy (the Policy), which insured the life of Nancy Bergman (Nancy) for ten million dollars. Nancy obtained the Policy from Transamerica Life Insurance Company (Transamerica) in October 2006. 4. the Defendants in the Funds that are subject of this action. [24] The policy must have a value of at least $500 claimed were claimed or may be claimed by adverse claimants; which is less than the amount in controversy of $3,000 in Judicial Code 48(1) then required for general diversity jurisdiction and two or more of the beneficiaries must live in different states. When one person holds property that they do not own and multiple claimants to the property exist, an interpleader action is employed to determine the rightful owner of said property. Q: How can I answer the complaint in Interpleader? ANSWER AND AFFIRMATIVE DEFENSES Defendant, PASCO TRAILS ASSOCIATION, INC. (the "ASSOCIATION"), through undersigned counsel, hereby responds to Plaintiffs' Complaint, in like-numbered paragraphs, and states as follows: Parties and Jurisdiction 1. - Same decision defense (employer would still have fired employee for lawful reasons even if the actual firing was for a mix of lawful and unlawful reasons) (Mt. Defendant affirmatively alleges that Plaintiff has failed to state a legal basis to discharge Plaintiffs insured from liability for [his/her] negligence or to restrain Defendants from initiating claims against Plaintiffs insured, and that any such relief should be denied. 16. American Intern. See Penn Mutual's Answer, Affirmative Defenses and Interpleader, Exhibit J (identifying the discussion date as August 4, 2009). District Attorney of N.Y. County v. The Republic of The Philippines, No. The insurance company could interplead the two claimants and simultaneously deny the claims. An affirmative defense is used to justify, or provide an explanation for, the defendant's illegal conduct. 1335, 1397, and 2361. For interpleader under Rule 22, subject matter jurisdiction must be based on Article III of the Constitution and the jurisdictional statutes. California may have more current or accurate information. This is part of Vail Law's Litigation Checklist. Read more here. If an insurer files a declaratory action but declines to include the third party claimant, then the declaratory action has left out a person who has a claim or interest that will be affected by the declaration. What follows is for discussion purposes only for review and consideration by and for liciensed Calfornia Defense lawyers, and should not be used in any particular matter or case. If bill was not sent to patient prior to interpleader, then provider may not receive any monies. Admitted. R-1, 408 P.2d 970 (Colo. 1965). 1994); William Penn Life Ins. The may claim language added in 1948 codification to Title 28 of the United States Code in the definitions of claim allow interpleader for unliquidated claims, such as multiple claimant to a liability insurance policy injured in an accident before they are reduced to judgment or settled, however the injunction may only restrain the claimants from suits making claims against the res not suits to liquidate the claim or against third parties. There are specific differences between Statutory Interpleader, and Rule Interpleader: In bankruptcy court interpleader under Federal Rules of Civil Procedure 22 may be maintained as an adversary proceeding under Federal Rules of Bankruptcy Procedure 7022. In and for the County of Maricopa, ANSWER BY DEFENDANT [ENTITY] TO COMPLAINT IN INTERPLEADER. 9. - fair use (copyright). Statutory Interpleader governed by 28U.S.C. (b)) may be a defense to actions for intentional interference with contractual relations. Texas SB1552 2023-2024 Relating to affirmative defenses for a Texas Commission on Environmental Quality enforcement action for unauthorized emission or opacity events. % The person holding the funds (escrow agent) to which two or more persons make claims (such as a buyer and seller) files suit asking the court to decide which party has a legal right to the binder. Rule 11 requires that you have a good faith basis for believing an affirmative defense actually applies before pleading it, and in discovery you will likely need to respond to an interrogatory identifying all factual bases for every affirmative defense you plead. An interpleader action is one of those remedies. 85016 Interpleader Actions in Florida are governed by Florida Rule of Civil Procedure 1.240, which is a rule promulgated by Floridas Supreme Court. 2004). The Court easily disposed of the tortious interference with contract claim, finding that Transamerica did not breach its contract with SPV by interpleading the Policy proceeds. (Citations omitted.) AZ (LiMandri v. the provisions of Rule 85.5 impose no time limit by which the application under that Rule must be made by the creditor or other party claiming an interest. - Noerr-Pennington defense (antitrust) (a Sherman Act defendant can raise the affirmative defense of right to petition for redress, even if they use that right to try to gain an anti-competitive advantage). Statute of limitations bars Plaintiff's claim (s). interpleader, which raised certain affirmative defenses and included a cross-claim against Wilmington Trust, ILSF, and Genesis ("cross-complaint") [Doc. To establish this claim, the plaintiff must prove all of the following: . Rule 8(c) requires that both defenses to liability and defenses that potentially mitigate damages must be set forth in the pleadings. a third party has given notice that they believe they are entitled to the goods under Rule 85.4(1), a counter-notice is duly given by the creditor under Rule 85.4(3), but, the third party then fails to commence the application to the court which is required under Rule 85.5, and. The Uniform Commercial Code 7-603 adopted in all 50 of the states of the United States provides that a bailee when more than one person claims title to or possession of the goods under document of title (warehouse receipt or bill of lading) may bring an interpleader as an original action or as a defense to a suit for nondelivery. Co., 523 P.2d 979 (Colo. 1974). The money or other property in controversy is called the res (a Latin word meaning object or thing). An affirmative defense is a reason given by the defendant for why the plaintiff should not win the lawsuit, even if what the plaintiff says is true. The person or entity that holds the money or property under dispute can file for an interpleader to allow a court to decide which claimant is the rightful owner. 1655 which authorize other forms of service to obtain in rem jurisdiction over absent defendants.[27]'. . Interpleader. AZ To initiate an interpleader action, the stakeholder must file a complaint alleging that it has no claim to the asset or property in dispute and does not know to which claimant the stake should be delivered. You may have to pay the opposing party's attorney fees and costs in the event of a loss. 2A/C, 155 F.R.D. The insurance company believes that the deceased committed suicide, but the claimants believe the death was by accident. The Leading Law Firm In The Nation For ADA Legal Defense, On Behalf of The Karlin Law Firm LLP | Jun 29, 2012 | Real Estate Disputes |. 2017). [31] In most states there are statutes or court rules that provide for interpleader similar to the federal rules. Every case involves risk, including the risk of loss. (Code Civ. He has extensive experience representing plaintiffs and defendants in all types of complex business litigation throughout the United States. 16]. Rule interpleader provides a remedy for any person who is, or may be exposed to double or multiple liabilities. List your defenses. This is a complex issue and the above wording needs to be adjusted for each case and set of facts. As a result, in October 2010, FLS filed a lawsuit in the Eastern District of New York against the Trust seeking specific performance under the Sale Agreement. Interpleader Action is intended to protect the escrow agent holding the funds. Proc., 431.30 (b).) 300 S. 4th Street #1400 In other pleadings, however, it is sufficient to state the name of the first party on each side with an appropriate indication of other parties. In an interpleader action, a party who knows two or more other parties are making a claim on some asset controlled by the party can ask the court to decide who has what rights to the asset, deposit the asset into the custody of the court or a third party and remove itself from the litigation. In order for this court to have jurisdiction over this action, at least two defendants must be citizens of different States as defined in 28 U.S.C. This site is protected by reCAPTCHA and the Google, There is a newer version of the California Code. Note that, unlike affirmative defenses where the defendant bears the burden of proving the defense, some of the following are more properly styled "additional defenses" where the plaintiff bears the burden of proving that the defense does not apply (e.g. The Court went on to note that Plaintiffs failed to allege any breach of contract based on an independent claim of liability. Subsequently, FLS purchased the Policy through an auction for $1,194,522. An interpleader is a legal procedure that helps settle disputes over ownership of money or property. 2394 E Camelback Rd #600 For costs of suit incurred herein; and. The second stage is like an action at law to determine which of the claimants is entitled to the res. In Texas, defendants must assert affirmative defenses in their Answer at the beginning of the case or risk not being able to use them later. Admitted. Mar. The court shall prescribe the time for service of the answer when service of a complaint is made by publication or upon a party in a foreign country. Assumption of risk. In particular, if the complaint includes a misclassification claim, an affirmative defense alleging that plaintiffs were exempt under the applicable exemption . The most important distinction involves the requirements for subject matter jurisdiction. On June 13, 2014, SPV initiated a breach of contract action against Transamerica to recover the Policy proceeds in the United States District Court for the District of South Dakota (South Dakota Action). COMES NOW, Defendants___________________. List of Possible Affirmative Defenses ("If you don't raise, you might have waived"). [17] This replaced the interpleader proceedings previously governed by the court rules by the procedure of "enforcement by taking control of goods" under newly passed regulations. (1) By a Plaintiff. A negative defense is the specific denial of the material fact or facts alleged in the pleading . Federal Answers are somewhat different in format so the below form should not be considered for use as an answer to be filed in a U.S. District Court. After dismissal, the escrow agent is not done yet. [any] matter constituting an avoidance or affirmative defense." It is an example from what has been used in another matter or case, and will like not apply to someone elses matter or case. (c) Defenses to jurisdiction of the subject matter or in abatement or in bar may be pleaded together, without waiving any defense so pleaded, but the court may order defenses to jurisdiction of the subject matter or in abatement to be tried first. CA Civ Pro Code 386 (2017) (a) A defendant, against whom an action is pending upon a contract, or for specific personal property, may, at any time before answer, upon affidavit that a person not a party to the action makes against him, and without any collusion with him, a demand upon such contract, or for such property, upon notice to such . Universal Citation: 12 OK Stat 12-2022 (2014) INTERPLEADER A. Copyright 2008-2023 Jimerson Birr, P.A. SUBJECT MATTER JURISDICTION . The applicant or interpleading party may join as a defendant in such action any other party against whom claims are made by one or more of the claimants or such other party may interplead by cross-complaint; provided, however, that such claims arise out of the same transaction or occurrence. Rule 22.02 provides for deposit with the court of any property or amount involved as to which the party seeking interpleader admits liability. , 418 P.2d 296 (Colo. 1966). To achieve that, the party holding the asset files . service of process). Providing quality ADA Defense, Business & Real Estate Services throughout the United States for over 40 years. Affirmative Defenses Counterclaims Crossclaims Answer to Crossclaim/Reply to Counterclaim See state court rules or Fed. Because of the competing claims to the Policy proceeds, Transamerica refused to distribute the proceeds. As a sixth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants are informed and believe, and on such information and belief, allege that Plaintiff breached his contract, if any, with Defendants and by reason of such breach of contract, these answering Defendants has been excused of any duty it may have had to perform any obligation set forth in any agreement with Plaintiff, if there be such an agreement. 4 0 obj 85621, 520-477-7777 Denver, service of process). Managing Partner Differences between the two forms of interpleader concern personal and subject matter jurisdiction, service of process, and venue. P. 8.03). Nancy, as grantor, and Nacham Bergman (Nacham), as trustee, thereafter created the N. Bergman Insurance Trust (the Trust) to which Nancy transferred ownership of the Policy. Healthy City School Dist. The statutory rules governing interpleader proceedings were replaced by rules of court that came into force upon the passage of the Supreme Court of Judicature Act 1873 (as amended by the Supreme Court of Judicature Act 1875), which came to be known as Order 17 of the Rules of the Supreme Court. NV Arbitration and award. They Didnt Sign the Contract Do We Still Have a Deal? Whether you are drafting claims, or respond-ing to claims asserted in another pleading, before you begin, always check - collateral source rule (common law) or as codified in statute (see, e.g., - failure to take advantage of effective system to report/stop harassment (in Title VII actions, called the Faragher-Ellerth defense) (. Mr. Smith seeks medical attention from various providers for injuries stemming from the accident. c. 231, 85A imposes upon the defendant-registered owner of an automobile involved in a collision the responsibility for setting up as an affirmative defense in his answer a denial that the automobile was being operated by a person for whose conduct the defendant was legally responsible. Statutory modifications to the procedure, which vary by jurisdiction, sometimes allow the stakeholder to retain the res pending final disposition of the case. Tribunals, Courts and Enforcement Act 2007, "An Historical and Critical Analysis of Interpleader", Prudential Insurance Company of America v. Tull, An Act to enable Courts of Law to give Relief against adverse Claims made upon Persons having no Interest in the Subject of such Claims, "Tribunals, Courts and Enforcement Act 2007", "The Tribunals, Courts and Enforcement Act 2007 (Commencement No. Defendant affirmatively alleges that Plaintiff has failed to state a legal basis to discharge Plaintiff's insured from liability for [his/her] negligence or to restrain Defendants from initiating claims against Plaintiff's insured, and that any such relief should be denied. Dist. Co. of N.Y. v. Ansel, 273 A.D.2d 421 (2d Dept. First Affirmative Defense - ignorance of the law. Defendant [], through undersigned counsel, Answers the Complaint in Interpleader (Complaint), as follows: WHEREFORE, Defendant [] requests the following relief: DATED this ____ day of _____________, _____. This means that the time to bring the cause of action has as a matter of law. ;";(JCnMPu#(BHnY4&"(JQIA4yN ze^^3s>kyNt5-c*a9=EyhY;@-C$W2qHAUQbegk87l7e5+LJ3'sU "n[.r+mrk'V'f(d0lOGIc#yGrmv&A;V~cM+J,QYiE&BC" /JIwv1^H{4j$MB. In some jurisdictions, the plaintiff is referred to as the plaintiff-in-interpleader and each claimant a claimant-in-interpleader. Anderson's Ohio Civil Rules Practice with Forms is a desk reference that provides practicing attorneys and judges in Ohio with a manual to find quick and accurate answers to procedural questions under the Civil Rules. The defendant might not have any affirmative defenses. Defenses are set forth by a defendant in his answer to the complaint. Regardless of how they are styled, the vast majority of these defenses will not apply in any given case, review of the complete list may be an especially helpful tool in brainstorming at the outset of a case. You're all set! As an eleventh, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that at all times material herein, Plaintiff failed and neglected to mitigate his damages so as to reduce and/or diminish his claim. G.L. You can explore additional available newsletters here. Like its federal counterparts, CPLR 1006(a) enables a stakeholder who faces liability as a result of conflicting claims to an asset, but has no interest in that asset, to commence an interpleader action against the competing claimants, and compel them to litigate the matter among themselves. The key is that the claim[ ] for relief . 2. The Affirmative Defenses listed are those stated in Justice Court Rules of Civil Procedure 8(c). A bad alternative does not affect a good one. 13388 (CSH), 2008 WL 953619, at *7 (S.D.N.Y. Las Vegas, The firm is committed to the zealous representation of its clients and the effective use of their resources in litigation involving business and commercial disputes. See Noerr-Pennington Doctrine (2009), ABA Section of Antitrust Law, at p.107. 300 E. 2nd Street (a) When Presented. As a first, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that Plaintiffs unverified Complaint, in its entirety, nor any purported cause of action set forth therein, allege facts sufficient to constitute a cause of action against these answering Defendants. In November 2009, Nacham, as trustee, entered into a Life Insurance Policy Purchase and Sales Agreement (the Sale Agreement) with Plaintiff, Financial Life Services, LLC (FLS), whereby FLS agreed to purchase the Policy from the Trust for $1,350,000. Google alleges that no punitive or exemplary damages should be awarded . 602-274-9662 In some jurisdictions, the res will earn interest at the legal rate until disbursed. Plaintiffs commenced the action in New York Supreme Court in March 2017. On March 30, 2015, Transamericas motion to be discharged from the action was preliminarily granted to the extent that Plaintiff SPV and all Third-Party Defendants are enjoined from instituting any action or other proceeding against Transamerica with regard to the Policy benefits at issue here. By order dated June 14, 2016, the court discharged Transamerica from liability as Defendant and Third-Party Plaintiff and awarded it attorney fees. A designation of the pleading being submitted. Cellphone Use/Texting While Driving Accidents. Thereafter, the automatic stay in the Bankruptcy Action was lifted, and the Bankruptcy Action was dismissed. (/XCrBK&^`z17'tRn1"nv Su2%k!6XZ>KlNA>h|tw~bO/F#hig)0yInD%>`?%b"&aQ|E:QmxO,5D>'AyY];8JB )b8=`=464&Ad(sm\kM}zxFm5qH8VELM$xdLw#,xvc7f5}?/XoldM877\5l[wQ59-} dHBFpS7:dVaOYm!D?\l`ji The Award of Attorney Fees and Costs Is Appropriate in an Interpleader Action A Beneficiary's Status as a Prime Suspect in a Homicide Investigation Creates A Sufficient "Dispute" to Permit the Filing of a Complaint in Interpleader and Award of Attorney Fees and Costs In Farmers New World Life Insurance Company v. 1335(b). v. Doyle, 429 U.S. 274 (1977)). . The claimants are given the right to litigate their claims and will be bound by the decision of the court. 13. Procedures are in effect for claims where:[19]. In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of Ostling v. An understanding of the process will only allow the litigating parties to clearly appreciate their possible level of exposure and risk. Defendant may plead inconsistent defenses. Jur. Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. The claims made in the Complaint are barred, in whole or in part, because Google is not liable for the acts of others over whom it has no control. Phoenix, Both serve the same function of joining two or more adverse claimants to a single proceeding in order to promote efficiency and protect the stakeholder from multiple lawsuits. The remedy this rule provides is in addition to and does not supersede or limit the remedy provided by 28U.S.C. Defendants deny the allegations of Paragraph 17 of the Complaint. Charles B. Jimerson As a tenth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that its full performance of any agreement or act required of it, if there be such agreements or acts, fulfills all its duties and obligations to Plaintiff, if any there be, contractual, fiduciary, or other, and no other duty or obligation to Plaintiff remains on behalf of these answering Defendants. and Complaint. An interpleader action protects the holder of assets (such as a bank account, brokerage account or life insurance policy proceeds) and property when there is a dispute between two or more parties claiming ownership. The agent will be permitted to recover costs and attorneys fees incurred in initiating an interpleader action. Affirmative Defenses A defendant must set out its affirmative defenses in the answer, including: Accord and satisfaction. Affirmative Defense - The introduction of evidence into a trial that might cancel out the defendant's legal responsibility for the alleged act. ; there is no separate law firm or business entity. Consider each of the below affirmative defenses--does it potentially apply in your case? of Corrections, 429 F.3d 276 (D.C. Cir. 1335, and Rule Interpleader established by Federal Rules of Civil Procedure 22. Defenses may either be negative or affirmative. Because that protection allows the escrow agent to recover attorneys fees and costs from the funds it holds, the protection is to the detriment of any the buyer and seller arguing over the entitlement to the amount being held. You already receive all suggested Justia Opinion Summary Newsletters. 2017) (internal citations omitted). If the defendant does not include affirmative defenses in the answer, the defense is deemed waived and may not be raised at trial.
