I'd say the most prime way to get fucked by federal rules mostly revolves around experts. I'd read the shit out of Rule 26. And most of the ways to get fucked impacts plaintiffs more than defendants but (1) treating docs have to actually have reports (2) have to provide fee schedule, reports, all cases within x years, etc for all experts (3) rebuttal witnesses have to be provided within x number of days of other side designating experts (4) certain rules for getting subpoenas issued There are all sorts of ticky tacky rules for discovery motions, setting up the case management conference, etc that won't get you tossed out of court but may get you a nasty gram or a snide remark from a magistrate.
There are also some funky federal rules regarding amending complaints and substituting in fictitious parties. I'd read over Rule 15 and 19. If that issue comes up I'd look into whether the amended complaint or the substitution relates back. It might not and the SOL could have run . There is a circuit split on that. Sometimes a plaintiff can get fucked there as well. If that issue comes up let me know I have some cases pulled and maybe a brief on that
Update: we have filed a motion (that will lose but figured it was worth continuing to preserve our appealable issue) requesting an 8-day trial and for the court to allow us to endorse damages experts. for now, we are proceeding on a 5-day trial. Just got trial dates back from the Court: February 6, 2023 March 13, 2023 April 10, 2023 Could be going to trial 360 days from our April 18, 2022 trial date, which was already continued from November 2020. Prejudgment interest gonna get out of control.
Welcome to every case in Harris county tx My case that’s #3 on the trial docket in 2 weeks is from 2015 and we’ve called the court and it sounds like it will be reset to the summer
Did you guys know that the fiction of ex parte young allows prospective injunctive relief for suits against individual state officers to enjoin them from violating federal law? because when state officers are violating federal law, they are presumed to not actually be acting on behalf of the state and it's not even barred by sovereign immunity crazy, right
Anyone ever had dealings with Marcus Evans, the corporate litigation counsel networking firm? Good, bad, worth it?
have a pre-trial conference scheduled for 1:30 Turns out its some giant cattle call and there's 50 lawyers on a single teams call and the J.A. gets on at 1:40 to let us know that the judge wont be here for another hour. cue 50 lawyers all losing their shit
Shit, that happens to me like once a week. I drove 2 hours for a docket call last week and they held a portrait dedication ceremony for a retired presiding judge before starting. There were speeches and everything.
In most Kentucky courts, there is one motion day during which all oral arguments on all motions are heard. You may be first, you may be number twenty three. Bring some work to do with you.
Yes -- if I'm there, my clock is running. Most carriers and a lot of self-insureds cut travel time now, though.
Here’s a first for me: Client comes to the office for a presuit unsworn statement related to the death of her husband. She gets really emotional talking about it and asks for a break so she can walk outside to get fresh air. On the way back into the building she trips on the curb and hurts her knee. She was taken to the hospital via ambulance.
Along those lines I got a call from a PC once that was at an insurance defense office for a mediation, was in the conference room, their chair broke and they fell to the floor, and they were claiming a back/neck injury.
I'm catching up on this thread but I've started having to use "will" over "shall" because some attorney argued, seemingly successfully, that they are different and that attorney's company got out of some of it's obligations. Annoying but I actually prefer it.
I've reconsidered my use of "shall" as well and try to use "will" when it's more appropriate Nerd alert
managing attorney called me today. They want to settle the indemnity portion. still a ways to go, but damn it feels good to finally see them raise the white flag on this case.
Do you ever have days when it feels like admin and other non work stuff takes up more time than actual work and trying to make $?
I actually have clients of my own now (signed up three this week!) and this part is not fun. But I got some sweet invoices and engagement letters finalized. Now just need to get back to Mexico and save some of this dough instead of paying $7 for an IPA in Seattle.
I have a mediation in a pre-lit 18 wheeler death case today. Horrible circumstances but truly a great family/deceased. I suspect they'll just be asking for a haircut today but who knows.
BamaNug Had a fed ex commercial vehicle death claim come in today. Happened in MS. Go ahead and forward me over the policies and procedures.
Just asked my boss (the client relationship partner) if we could fire a fairly lucrative client. Told him I’m uncomfortable with the tax advice I’m being forced to give. First time I’ve made this request, curious to see how it plays out. Shitass client then scheduled a call for 7:30 AM Monday morning.
Just had someone from middle of nowhere South Georgia tell me his first date for scheduling anything is last week of July. there’s not enough cases in his 5 county area, much less his office, to be that busy.
nothing like defending an individual in a MVA case where the tire popped, which brought the tire manufacturer into the case, thus subjecting us to 5-7 depositions on tire experts. Today has been 7+ hours for the tire x-ray expert. riveting stuff on a Friday
the one on the 18th got pushed to February 2023. I have the 3-day trial starting May 9th. I haven't detailed what that one is about. Much smaller water property damage case with one remaining claim (statutory bad faith).
it is in federal court, which is unique for a first trial I imagine. At least I don't have to drive an hour each way every day like I was going to have to for the April 18th case.
Got an email Monday around 9:30am from trial coordinator that we are set on 5/9 defense lawyer emails coordinator and us at 3:30 this afternoon saying he has another setting that week and asking to move the trial awesome
Just had a defense attorney insist that he will only do a deposition in person. I told him that was dumb and pointless but I’m scheduling it to make sure he has to drive through Atlanta rush hour traffic just so he can get that extra billing since that’s obviously the only reason he cares.
This OC drove up yesterday (5 hour drive) and stayed in a hotel. We are now *3* hours into a depo and she's still in his job history and not asking about anything related to his current case.
Apparently all of her clients are demanding in person depos to try and force people to settle rather than fly/drive to show up for their depos. Call me crazy, but I think there's a different way to increase settlements.
Obviously it depends on the witness and the case, but zoom depos can really suck. If there’s any real exposure, it’s pretty irresponsible when live is an option.