Captive counsel for a carrier. I don’t have a problem with the guy, and he was remorseful. It just really fucked up my day.
In MS I heard a judge argue that the comp lien is priority over even the attorney fee. I don't interpret the law as such. But that would be some BS if you prosecuted the case and then the comp lien consumed even your fees.
On that note is there anything more annoying than the comp subro lawyer pestering you about whether you've filed the complaint with an upcoming SOL . They are pestering you then they want to come take all the $ too. Fuckers!
I have an annoying comp subro adjuster who keeps asking for a copy of the complaint and I keep sending her the link to buy it.
Unjust enrichment, based upon an implied contract that you get paid for the benefit conferred. You guys need to think more like Plaintiffs attorneys.
I think what are you talking about is commonly referred to as common fund right? Like I said, I don't agree with the judge. If a carrier tried to do that to me, I'd go down swinging .
Similar, but your situation is bilateral. You perform services that confer a benefit upon the lien holder, but you had no contract with the lien holder. The lien holder would not receive the benefit if not for your services. The lien holder was aware that you were not performing the services gratuitously. In the absence of a contract, equity should imply a contract for you to be paid for your services.
I like it. If I ever have to brief it I will cite you as persuasive authority. Well established author on equitable remedies, user Herb.Burdette of the-mainboard, states as follows:
Charles E. Robinson, Jr., The Robinson Law Firm, Ashville, AL,Jeffrey C. Kirby, Kirby Johnson, Birmingham, AL got a $1.5M verdict in Jackson MS last month. Truck driver flipped his truck . Company didn't have comp coverage when they were required to. Statute says if you don't have comp coverage when you are required to you can't argue exclusive remedy and you can't argue plaintiff's comparative fault. I wonder how collectible this verdict will be. ALso I've never heard of those lawyers from Alabama.
0% chance CGL would cover that. Plaintiff probably ends up owning some tractor trailers or the company files bankruptcy .
Already called in a trial attorney to replace my OC. Not surprising but I was looking forward to going against him. he can sit in the back watching someone else try to clean up his mess.
I know both of them. I tried a case against Charlie once. They’ll recover under the MCS-82 bond if there’s no other liability coverage.
Judge is only half an hour late to a docket call where all we do is announce ready or not what a waste of time
These next few months will be interesting in Florida. Tens of thousands of lawsuits are getting filed before the tort reform bill passes and becomes effective Wednesday. Overburdened courts are going to get even more swamped, and understaffed defense counsel aren’t going to be able to keep up. Crazy times ahead.
Lol #4 on the docket and the top 3 cases have to show up on Monday for some reason this judge is clueless
If a trial setting isn't a first up trial setting I just don't elect for that setting. Sometimes they offer 2nd up settings. I never go with those. You could go for a second up because it is sooner and there's typically a good chance the 1st up will settle. We don't have mandatory docket call thank god.
Trial attorney was not able to clean up his mess. By the time voi dire started, defendant had no experts and I’d gotten a bunch of motions in limine granted which put the carrier in a vice. by the time voi dire was done the case was settled for the full indemnity demand and some really nice fees.
He’s actually pissed at us. The settlement confirmation had a message with it that he’s never settling a case before trial again because we wouldn’t move off our demand once we got the experts stricken. Next time don’t hire shit tier attorneys to manage your cases on the way to trial.
Friend of mine at Morgan & Morgan had to bail on a Saturday AM tee time because he, along with an army of other attorneys, had to be in office to draft and file complaints.
Because the guy is a butt hurt and has personal issues with our firm because the managing partner used to work for him.
Does menendez not apply to PI cases? edit: I guess not because the contract isn’t with the at fault person’s carrier.
luckily all of the florida bros insurance costs are going to go way down because of meatball rons tort reform.... oh wait
I’ll post the case. But in 1st party there is case law that the legislature can’t retroactively change an already in place insurance policy and that the attorneys fees statues are incorporated into the policy.
Not sure. FPP seems to be a very different world compared to what I’m used to. I only dabbled in it at my last job because one of the shareholders saw it as an opportunity to make more money and threw a handful of those cases at me with only a PI background and no FPP people in office for me to consult. I stumbled my way through it and resolved a few but the entity went into receivership just before I left so Easily the most useless adjusters I’ve ever encountered, though.
About to do some research myself, but wondering if any Florida lawyers have ever dealt with shady car dealerships? My 23 year old sister bought a certified pre owned car last year in Florida. Apparently the car had been stolen, wrecked, sold at auction, purchased at auction by the dealership, and then eventually sold to her as CPO. The dealership did not mention this history, but apparently the car faqs report she was given when she bought the car did note that the car had been stolen. When shit started going wrong with the car, at first the dealership was predictably telling my sister to pound rocks. She took it to another dealership and they instantly pointed out how it had an aftermarket paint job, aftermarket parts, etc. She called the dealership from which she bought it and relayed this information. They were still being assholes until she sent them a picture of where the car door had been scratched by a crow bar/slim Jim while being broken into and told them it’s free for her to hire a lawyer since her brother is a lawyer (lucky me). According to my sister, as a result of the picture the dealership completely changed its tone and is now being ultra accommodative and wanting to replace the car. What I’m wondering if there’s some statutory right the dealership knows about that requires them to make her whole or do something to right the wrong, as I can’t think of any other reason they’d change their tone (other than wanting to avoid the headache of lawyers, which is mutual).
I was going to chalk it up to a learning lesson for my sister and to not trust car dealerships, but them wanting to accommodate her and fix the situation has me wondering if there’s more to it
Did it have a salvage title? I wonder what their standards for CPO are. If they didn't actually meet their own standards isn't it fraud? Might want to run searches for lemon law and certified pre owned. Apparently some states have a remedy of the dealership replacing CPO if they are defective.
That seems like more of a contractual issue (fraud, misrepresentation/concealment, etc.). However, I just did some super quick research and Florida Statute 320.27 looks like it deals with (among other things) the licensing of auto dealers. Depending on the verbiage and terms of the contract she signed, you could just ask the dealership if they're familiar with Fla. Stat. 320.27(9). These may not apply specifically because I don't know what contract she signed, but these stood out as potentially relevant. (9) DENIAL, SUSPENSION, OR REVOCATION.— . . . (b) The department may deny, suspend, or revoke any license issued hereunder or under the provisions of s. 320.77 or s. 320.771 upon proof that a licensee has committed, with sufficient frequency so as to establish a pattern of wrongdoing on the part of a licensee, violations of one or more of the following activities: . . . 5. Failure of any motor vehicle dealer to comply with the terms of any bona fide written, executed agreement, pursuant to the sale of a motor vehicle. . . . 13. Perpetration of a fraud upon any person as a result of dealing in motor vehicles, including, without limitation, the misrepresentation to any person by the licensee of the licensee’s relationship to any manufacturer, importer, or distributor. That won't directly obligate them to fix their wrong, but ideally it puts a little heat on them to do the right thing.
Is the dealer a used-car dealership or is it manufacturer franchise? If it's associated with a manufacturer and they did a true CPO, they're probably shitting bricks that she'll go to the brand.
Worked as in house counsel for a used car dealership in Florida. There’s no lemon laws for used cars here. Best bet is checking the certified pre-owned warranties and requirements.
No, title was fine. Her boyfriend is a big car dude and said the car faqs looked fine except for the reference to being stolen/wrecked, and it implied the wreck wasn’t that bad. From what research I’ve been able to do on CPO, apparently a CPO car can still be stolen or wrecked. It’s a Ford Blue Advantage CPO, fwiw. Manufacturer franchise. Well she didn’t rely on anything other than what the salesman told her, as far as I’m aware, so we’re good/not good on that end
The pattern language is interesting. It’s a manufacturer affiliated dealership that also sold her boyfriend an “illegal” truck (I think the truck’s computer had been modified and it shouldn’t have been sold through a dealership, or something like that), it also had some problems, and the BF strong armed the dealership into giving him a nicer/better/newer truck because they were shitting bricks. Wonder if the dealership already has two strikes or something like that
Sister’s car is a 2021 and is literally falling apart, so she’s just looking to get rid of the car and not lose too much. Per the appraisal from the good dealership yesterday, she’s currently underwater on her car note, so I’m just trying to help her break even or as close as possible to break even. She’s not of clean hands since she didn’t read the Carfax when she bought the thing, but she’s a 23yo girl so live and learn