Yea I called him yesterday after getting his stupid email. it’s probably a pretty damn good settlement so I don’t plan on firing him. But I was pretty pissed.
The stupidest “client” I’ve ever had was an insurance company (it wasn’t the client, and the client didn’t help and was also stupid). Lloyds of London didn’t know how things work in rural East Texas, and wouldn’t listen when we told them. To their credit the ridiculous verdict was successfully appealed, but they still could have settled the case for less than they ultimately did if they had listened on the first go around. But the Plaintiff clients are more baseline annoying, with everyday stuff.
The one downside to virtual court/depositions is that corporate rep depositions no longer force settlements.
As someone on the insurance side it just always blows my mind when coworkers want to get super hands on with a claim they know nothing about. Never ends up good for anyone. I will need that updated report of counsel tho…
Anyone work in medical malpractice? Had an uncle check himself in to the hospital last week. I guess he wanted/tried to leave, so he was put in restraints. While restrained he threw up and couldn't turn over to spit out, causing him to aspirate and die. Is this something worth pursuing?
Came to the office because I was sick of sitting around the house watching Ida on the weather channel. Probably going to be the only one here all day.
Had a client get 500k in his pocket a couple months ago. He called me today saying he converted our check into a cashier's check, spent 50k and then lost the rest. He's asking if I can help. Who wants to go on a modern day treasure hunt and find 450k?
The bank who issued the check should have a record of it. Not sure how this applies to cashier checks, but the UCC in every state has an article on the ability to restore a lost instrument. If your client knows the bank, you may be able to recreate it. I had a case 15 years ago where a bank courier was robbed because thieves thought he was transporting cash. He was only collecting checks from bank branches to transport them to the federal reserve in Cleveland back before that process was digitized. The thieves threw away the checks when they realized what they had, but only a couple bags were recovered from a dumpster along I-71. The bank had to contact customers and recreate about $800,000 worth of lost instruments.
Isn't he saying that he converted the firm check to a cashiers check then cashed that somewhere, spent $50k, and then "lost" the remaining $450k?
Maybe I don’t know what I’m talking about but it seems like a bank should be able to see if a $450,000 cashiers check is outstanding
I suppose he could have gotten $50k in cash and a $450k cashier's check made out to himself rather than opening up an account. If that's the case, he can probably request that the bank reissue it, but they'll probably require him to take out some kind of indemnity bond in case someone else appears with the endorsed original.
Shout out to the UPS guy that hand delivered an overnighted $35k settlement check in the pouring rain /tropical storm. I knew there was a reason why I came in today. Can't deposit it because bank is closed
we can do up to 100k/day on mobile and generally available next day my old boss had a scanner machine he leased from the bank that would process up to 500k/day i think
May be venturing back into big law again fellas. Had lunch with my old managing partner and he wants me to come back into the fold. I left big law last year for a public sector job, one reason being that I wanted to limit my litigation practice. However, even in the public sector, I am tasked with both handling litigation and managing outside counsel. This take most of my time. I figure if I’m stuck as a litigator, I may as well be paid like one again. Waiting to hear back on the comp package, but if it’s what I think it will be, it will be hard to turn down.
If J&J successfully offloads all the litigation claims to bankruptcy that would be complete BS https://www.claimsjournal.com/news/national/2021/08/30/305699.htm
Went to a CLE mark lanier did and he talked a little bit about a baby powder trial he did and he showed us a demonstrative where he put a container of baby powder in like a plastic case to try to convey that it’s so dangerous that he wouldn’t touch it unless it was in that case not surprised he is a billionaire
Just now realized today that this first trial setting is only forty-four days after it was set. So that's getting continued.
To put a cherry on top of this he filed a sworn declaration from his corporate representative that completely contradicted her very clear deposition testimony. so she either lied in her depo or lied in the declaration. it’s basically the pinnacle of incompetence - to respond to a motion for sanctions by lying again.
Had an attorney start last week at our firm. Settled a case last night and quit this morning. Strange all around.
This is standard practice in every asbestos bankruptcy in the last two decades. Every company that emerges from a Chapter 11 does so with a new entity that is assigned all asbestos claims, assigned all insurance rights, and then capitalized with sufficient assets to run off the claims under a set of trust distribution procedures that vary payouts based upon product exposure/disease.
Also, the asbestos plaintiffs bar loves these types of bankruptcies because it’s a guaranteed source of recovery upon proof of certain criteria without any need to litigate. If you have a plaintiff who worked an industrial job in the 1960’s-1980’s, they identify 25 or so products and you start tendering claims to the entities that get paid. Then you save a couple of solvent defendants for trial. The insurance industry fights the creation of these corporate entities in bankruptcy because insurers would rather defend the claims in the tort system.