The government's response to my petition for a writ of certiorari is due today. I'm just sitting here refreshing the e-filing website.
And? Get sick of seeing this: CaseMail: A Document (Motion Extension of Time) has been filed in case: 18-234 (Category: State Appeals)
Alright boys, does anybody have experience or knowledge in the area of landlord/tenant law? I sold my house recently and had less than a week to find an apartment. I ended up grabbing a unit in a fairly upscale complex on the southside of town. From the beginning, I realized it was a mistake (they put me in a unit overlooking the pool and its considerably louder and trashier than I anticipated), but I have sort of accepted it and am just trying to get through the next eight months or so. Yesterday as I was walking into the complex, a group of 6-8 heavily armed and masked DEA agents proceeded to sprint past me, demand entrance into my neighbor's apartment, and ultimately boomstick'd his door and dragged him out. The incident scared the shit out of my girlfriend and is just sort of the final straw in my ability to tolerate this place. I want to break the lease and just find somewhere else to live. What's the best means to get the process started? Should I draft some sort of letter, or just call the complex manager and seeing if she would agree to my request? Should I go full Property Law 101 and start talking about the covenant of quiet enjoyment and shit? TIA
And if you work where I think you do, I’m sure you’ve got plenty of people who can help you go balls deep in some property law minutiae.
The only time I have broken a lease I mainly focused on the landlord's duty to mitigate damages by re-letting the place ASAP. Not sure where you are so I can't look to see if the duty applies in your state, though. The time I did this I was in NYC, and although there is no landlord duty to mitigate residential leases in NYC, and although it took 8+ weeks, I eventually received all $7k of my security deposit back. To the best I can recall, I simply wrote them multiple letters informing them of when I would be vacating, gave them sufficient time to find a replacement tenant, and worked with them as much as possible.
My law partner is going to AAJ National Convention in Denver tonight. I should have signed up for that damn it.
Drunk guy hits my client backs up hits someone else goes forward, hits my client again, backs up , hits him again, does that 4 times. Client didn't treat a ton , did ER and some visits to an ortho got some injections. I think meds were like $3500. Their best offer was like 7200. Filed suit. They then offer $8500. If I can't do better than that at trial with those facts I should just stop trying cases. I know what they'll do "Ladies and gentlemen, our client was wrong, he admits that he made a mistake, but look at the treatment in this case. There just isn't much, in fact the medicals show that the plaintiff only went to a few doctor visits after the wreck. We think you should return a verdict that covers the medical bills plus a little for pain and suffering. I'd say somewhere between $5000 and $8500." But it is the principle for me, just not getting low balled on this one.
Yep and would be a cheap case to try. Worst case scenario is you lose 2500 in fees if you get 0, which won’t happen
Closed the gap another $150k before the mediation fell apart. It was apparent this was not going to be productive when the adjuster for the excess carrier, who was a stand-in and has had nothing to do with this case, wondered out loud: “so what that our driver had a little meth in his system?” We’re picking the jury on Monday.
Fellow plaintiff lawyers: do you pay back non erisa liens from health insurance companies out of settlement proceeds? Will they sue your client if you tell them to pound sand? I've always tried to get it reduced and go ahead and pay it because technically they have a contractual right to reimbursement from your client and would have an action re same.
I don't think I've ever settled a case where there wasn't language in the settlement that we were paying all liens/subros. Most Defense lawyers are going to insist on it.
Most plaintiff lawyers don’t pay health insurance liens if they’re not put on notice of the lien. And insurance companies will cut you the check if they don’t have notice of a health insurance lien
yep. if they don't put you on notice, in tx, they can't come after you. they can go after your client though. there is a hospital lien statute in texas where if you don't pay a hospital lien, any release is void, and they can/will come after both you and your client. my old boss learned that the hard way (50k+ from his pocket)
also, wrt to health insurance liens, they most likely wont go after anyone if they don't put you/insurance co on notice. I just don't want to take that risk. And the money is all coming from my clients' pocket. Not mine. In each meeting I have with potential new clients where they have used health insurance, I explain to them that there will be an health insurance lien we will have to pay. I just tell them that their insurance companies position is that but for the other persons negligence they wouldnt have had to pay anything, so they feel that theyre entitled to a portion of their bill being reimbursed. I've yet to have a client not sign up when I tell them from day 1 that we will be paying that lien.
Tons of plaintiffs lawyers do a lot of shit that isn't in their client's best interest. You might get away with it for a while, but if your client does get sued for breaching his contract with his health insurer, you need to put your malpractice carrier on notice. Keep negotiating their subrogation claims down and pay them.
easier said than done when a case is settleable and you're not on notice of the health insurance lien and the insurance company will cut you the check.
In truth, how is that even possible? At the very least you'd have constructive notice if you even got their bills, no?
health insurance liens send you/GEICO or whoever, a letter saying we paid x and we have a lien. if the insurance company doesn't have that letter, they will cut you the check
I help Plaintiff's lawyers out all the time with a letter laying out what treatment we're not considering to be related. I've probably had a dozen cases where we got settled with a letter like that to help them negotiate the subrogation down.
like i said, we pay (almost) all liens. I'll give you an example of one we didn't pay. Client went to OBGYN and finds out she had a miscarriage because of auto accident. health insurance pays for OBGYN visit. I'm not going to call her health insurance and be like HEY GUESS WHAT. If a client say doctors at a hospital the day of the accident, we are going to pay that 100 times out of 100 even if blue cross didn't send us a letter.
Sure, I can see that. And, hell, if the OBGYN's treatment was claimed for subrogation, I'd expect you to negotiate it out as unrelated.
I've personally never just refused to pay a health insurance company. I typically try to get the amount reduced and pay them. One of the biggest plaintiff lawyers in this state tells me that unless it is a statutory lien or an ERISA lien he doesn't pay them. He tells his clients he will personally defend them if they get sued. He told me no one has actually sued his client in such a scenario.
Our biggest pain in the ass client fired us because we weren’t able to meet with her on two days notice after she no-showed 3 meetings at our office She had like a $8,000 total claim I am so happy
you going to put a lien on the case? In one sense all these people that think they can just fire your ass with impunity should realize that there are consequences.
had another mediation with ACCC yesterday afternoon. a different mediator also confirmed that ACCC adjusters have authority up to 10k where they don't have to write a report. anything over that they have to write a report and get with a supervisor. settled the one yesterday for 20k. for every ACCC case we have going forward that has small medical bills we are just going to get it to mediation and settle for 9,950.
Got that drunk driving mva up to 3 times meds after filing suit and they are paying the filing fee. Feelsgoodman
Our $350,000 verdict from a few months ago. Defense missed their appeal deadline. They postmarked it on time, but was filed 2 days late. Unless there’s some obscure rule I don’t know about, that guy better put his E and O carrier on notice.
I’m only familiar with the federal filing system, so is there a reason that they were appealing by mail?
We have efiling in the appellate courts, but you do have to mail in courtesy copies for the court within two days. No clue why you wouldn’t efile.
There’s some case law saying you can’t efile the notice to the trial court? It’s from 2016 though, I don’t know if it has changed. Our appellate lawyer said you couldn’t efile the notice. (I thought you could).
seeing these in your State? Our work is holding alcohol vendors accountable when they serve minors or alcoholics. Florida’s “Dram Shop Law” states “a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves [an alcoholic] may become liable.” Whether you are a victim of a DUI incident or DUI offender, it does not matter. The bar, restaurant, or tavern may be held responsible for the illegal furnishing of alcohol to a minor or alcoholic. Have you received the appropriate compensation for your injuries or suffering? Call us now. Liquor Law – It’s all we do.
Got a $101 million verdict hung on us today. Probably should have gone ahead and negotiated past $6 million at that court-ordered third mediation.