Lawyer thread

Discussion in 'The Mainboard' started by Jax Teller, Apr 8, 2015.

  1. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    lol there are 100+ docs in houston who do exactly that
     
  2. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    settled a case for $40k with Walmart where a lady slipped and fell on a wet mat and she thinks she 'fractured' her ankle but it was more of a bad sprain with an 'avulsion fracture.' she had like 1,000 of an urgent care visit where she got a boot and some pain meds.

    she was pumped as fuck in november when we settled.

    now she's read about other cases where walmart has paid millions of dollars for shit and shes PISSED

    i love these people.
     
  3. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    adjuster: offers $26,200 via a fax

    i call: hey is this a minimum limits ($30,000) policy?

    adjuster: yes

    me: so can you just pay it or do we need to send a stowers demand?

    adjuster: as soon as you send the demand i'll offer limits



    why is this the way this industry operates??
     
  4. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    This may be a horrible way of doing business but I've gotten to a point where I've cut down on a lot of the pre lit negotiating I do with adjusters. Instead of going back and forth with incremental offers I've been pretty quick to cut to the bottom line. It isn't really working because my bottom line is always higher than theirs. I'm having to file suit a good bit lately. Which leads me to my next point: I have no way of proving this but I think the offers on MVAs have gotten worse since the pandemic. I'm guessing carriers know that people are more desperate than ever for money right now. I could be wrong and the offers are the same as ever. But I'm hardly ever seeing them offer even 2x meds on a soft tissue case.
     
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  5. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    They’ve been terrible.
     
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  6. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    I just received a trial setting for February 2023.
     
  7. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    We can get them set here but there's probably a 70%+ chance they cancel them. Probably better to have them set though, puts everyone's feet to the fire and helps them get resolved. There's always the threat that the judge will actually go forward with it.
     
    wes tegg likes this.
  8. (Z)

    (Z) Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    Settled a case in first week of December. Still waiting on Allstate’s in-house to send me release. They’ve had check for over a month. Can I please just close this file out?
     
    wes tegg likes this.
  9. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
    Donor
    New York GiantsNew York YankeesAtlanta UnitedUCF Knights

    Back on the search for a new legal assistant. This will be my 5th in a little over a year. Fucking hell it's hard to find competent people.
     
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  10. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    I’ve been lucky. My GOAT assistant had health problems that ended up in her going on disability, but the one I hired to replace her is also great.
     
    #11860 wes tegg, Jan 21, 2021
    Last edited: Jan 21, 2021
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  11. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
    Donor
    New York GiantsNew York YankeesAtlanta UnitedUCF Knights

    I think my paralegal also has had some health problems that she isn't sharing with me because she's been missing time, missing deadlines, and generally just not doing her job the way I'm used to her doing it. I've asked her if she needs anything or if she's okay, but she hasn't really wanted to share with me (which is fine, obviously).

    I just have no real help right now in the office, I'm staying home every day to help my kid with virtual school, we decided to adopt a fucking puppy back in March, and I'm stuck at home doing all the day time house shit because my wife works in healthcare. I'm freaking exhausted.
     
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  12. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

  13. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Best thing about today: $50 workers comp google ad leads to a 6 figure Jones Act case client. I'll take that ROI
     
  14. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I believe him yo!

    "We would like to retain your firm for a legal representation, please if
    you are interested I will forward you the adverse party information for
    your conflict check.

    Warm Regards,
    C.K. Chong, President
    PT. Sintertech
    Kawasan Industri Jababeka Blok J 5 Q,
    Desa Harjamekar, Kecamatan Cikarang Utara Indonesia.
    Tel: 21-89325163
    Fax: 21-89325161"
     
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  15. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I never even usually see those but emails I actually need have been going to my spam box so I have to constantly check the spam box now. Gmail kinda sucks sometimes. Outlook >gmail
     
  16. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Florida’s property insurance market faces collapse. Major factor is cost of litigation. Could it be that carriers are being cocksuckers and denying/fighting claims that clearly should be approved and thus incurring unnecessary litigation expenses and attorney fees? Could it be that insurance defense firms are advising carriers in a way that results in high fees to said firms on claims that should have been approved?
    https://www.insurancejournal.com/news/southeast/2021/01/20/598034.htm
     
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  17. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    I just had motion calendar via Zoom here in South Florida. A person I can only assume is a pro se litigant was there with his name listed as Southside Pollie and his avatar was a picture of him (white dude) with a backwards cap and chinstrap beard throwing up a peace sign.
     
  18. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    @z this zoom docket call is killing me. The random pro se dude who doesn't know how to mute his microphone is cracking me up.
     
    RJF-GUMP, SmoochieWallace, Z and 2 others like this.
  19. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    There was also an asshat lawyer with a taxidermied fox and empty crystal decanter as his background.
     
  20. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    Probably the only thing I miss about practicing in AL is the cattle-call docket calls. There's almost none of that out here.

    Bill 3 hours to drive to Arab, sit and mess on your phone for 45 minutes, "we're not ready judge," drive back.
     
  21. Brandon Chicken

    Brandon Chicken Chow Time
    Donor

    Greene County? I just finished one there and some dude was in his car with his frat goggles on.
     
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  22. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    That's the one. I also loved the old dude in the gamer headset yelling at the opposing counsel about his motion to compel. It was a laugh a minute.
     
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  23. Brandon Chicken

    Brandon Chicken Chow Time
    Donor

    And the diatribe about everyone having Covid.
     
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  24. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
    Donor
    Ohio State Buckeyes

    Florida construction defect litigation is among the worst in the country for insurers.

    Every contractor with any remote connection to a job gets named defendant, whether they had a connection to the defective work or not. They don’t get dismissed, so 27 insurer appointed defense firms work every case through MSJ or trial.

    Carriers either settle to avoid the defense or bite the bullet litigating meritorious claims that are frivolous when asserted against 27 defendants instead of 4.

    It’s not how the system should work.
     
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  25. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    Yeah, what the fuck was that? He said he was cool with being set and then gave 10,000 reasons why he wasn't.
     
    Brandon Chicken and Z like this.
  26. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    Arab isn't a county seat. :comicbookguy:

    But, you're right, those are awesome days. It sucks that they're all moving to Zoom now.
     
  27. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    [​IMG]
     
  28. (Z)

    (Z) Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    :roll:

    Poor dude had no idea what was going on.
     
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  29. (Z)

    (Z) Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    Hey now, don't besmirch our former Alabama football players.
     
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  30. (Z)

    (Z) Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    Yeah, we agree that the case is ready for trial Judge. But, oh wait, here's all the reasons why I don't think we can have a trial in April in this climate.

    Newsflash my man. If you're a defense lawyer in Greene County, you better take a COVID trial. You're still going to get hammered, but the cross-section of the community argument works in your favor in this venue.
     
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  31. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Opposing party just copied and pasted an entire paragraph from his MSJ into his appellate brief, except for the most the most important sentence of a block-quoted regulation upon which the whole case largely turns. That's . . . not going to be a good look.
     
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  32. Brandon Chicken

    Brandon Chicken Chow Time
    Donor

    Ha, I wasn’t really playing attention and didn’t even catch his name. My case was dead last on the docket.
     
  33. (Z)

    (Z) Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    You not in North AL?
     
  34. dome foam

    dome foam ¯\_(ツ)_/¯
    Donor
    Texas LonghornsHouston AstrosHouston RocketsHouston Texans

    I am anticipating a bad review showing up online from an insane client. What am I at liberty to discuss in my reply? Does the Client waive privilege by discussing privileged info in his review?
     
  35. Brandon Chicken

    Brandon Chicken Chow Time
    Donor

    Huntsville
     
  36. (Z)

    (Z) Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    Gotcha. That's what I thought. I just thought that last case was the Shunnarah one with wes tegg 's crew .
     
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  37. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    I was gone well before any of that.
     
  38. (Z)

    (Z) Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    Looked like the same associate y'all have on the logging case I have against your firm was on it.
     
    wes tegg likes this.
  39. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    I've never seen a business more corrupt than logging. The whole industry.
     
    Z likes this.
  40. (Z)

    (Z) Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    Yep. At least half the people that do it aren't actually any sort of reputable business but are complete con-men. They'll cut timber on land that isn't even owned by the people they contracted with.

    I LOVE MVAs in this part of the world with them. We're already super liberal, and then people usually hate loggers.
     
    colonel_forbin likes this.
  41. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    That's just the tip of the iceberg and it's everyone in the chain, not just the cutters. Just rampant fraud on sawmills, on the Forestry Commission, on state and local taxes, etc.
     
    Z likes this.
  42. Ray McKigney

    Ray McKigney Feel my ubiquity
    Donor
    South Carolina GamecocksAtlanta BravesCarolina Panthers

    I know the response will be state-specific, but does anyone who has comp knowledge know whether an employee can decline comp coverage in favor of using their own, employee-provided health insurance? I would think the answer is no, but the obvious answer isn’t out in the ether like i expected it to be.
     
  43. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    In Alabama if you're a business falling under the comp umbrella (i.e. more than 5 employees, a municipality over 2k people, not a farm, etc.), that's your only option. You have the choice of voluntary market, assigned risk pool, or self-insurance, but you do have to have comp coverage.
     
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  44. Ray McKigney

    Ray McKigney Feel my ubiquity
    Donor
    South Carolina GamecocksAtlanta BravesCarolina Panthers

    I understand having to carry WC coverage as the employer, but can an employee decline coverage and use their own insurance?

    For more context, the question posed was related to Covid. I got out of the comp game many years back and have forgotten about everything I ever knew about comp.
     
  45. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    No, comp is the exclusive remedy for an on-the-job injury here. I guess there's nothing stopping them from just not making a comp claim, but they'd be responsible for paying everything that wasn't paid by their health insurance.
     
    Ray McKigney likes this.
  46. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    An employee could do that but if the employer/carrier knows about a workplace injury , they have a duty to start a claim and offer to pay for it. Just because the employee doesn't want to file it through comp doesn't relieve the employer/carrier of their obligation imo. And theoretically, in certain situations, knowingly allowing an employee to use health insurance for a clear workplace injury could land the carrier in bad faith territory
     
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  47. Ray McKigney

    Ray McKigney Feel my ubiquity
    Donor
    South Carolina GamecocksAtlanta BravesCarolina Panthers

    Appreciate your thoughts fellas. My situation seems kind of screwy to me; looking more into it.
     
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  48. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I have no clue how our ALJs and comp commission are handling alleged COVID workplace transmission. I haven't taken one because it seems like it would be near impossible to prove causation. I've probably only been approached with 2 or 3 potential cases. Also lets assume the judge will grant you causation, what are you permanent damages? The medical/scientific community doesn't even know that yet. A carrier might be inclined to just settle the claim due to unknown levels of future exposure for ongoing lung damage etc.
     
  49. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    That sucks. They should let them out on a motion to dismiss.
     
  50. ukcats8

    ukcats8 smugapari
    Donor
    Kentucky Wildcats

    We are turning down any that aren't in the medical profession, but I've not had one yet.

    For damages: I know there is a small impairment rating for loss of smell/taste, but I imagine the best way to go for permanent damage is chest xrays/ct scans along with a pulmonary function test + an opinion from a pulmonolgist.

    I don't know about proving causation. Seems to be the toughest part.
     
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