so basically sue him and send a RFP with the petition requesting a copy of the policy in your experience what % have the exclusion for intentional acts? i don't want to spend thousands of dollars chasing this when that money is better spent elsewhere
Most insurance policies, in general, exclude intentional acts. Still, most carriers will still defend on a reservation of rights and settle. If you're looking to gross $50k+, you're probably out of luck.
I've never seen a homeowner's policy that does not exclude intentional acts, but that could just be a product of which carriers from whom I take assignments. But I suspect wes tegg is right that they'll defend under an ROR and would probably pay you enough to compensate reasonable medical, get your expenses back, and maybe put some money in your client's pocket.
Does the individual take distributions from the LLC? That is, is it a going concern? If so, you can use a charging order to take his distributions without piercing the veil. You won't have access to any of his individual assets and he can possibly just avoid distributions entirely if it's a failing/inactive entity but it's something to consider if it's a single member LLC with a strong business. It also depends on the amount of the judgment, obviously.
Charging orders are also helpful if there happens to be any other parties to which distributions might be owed (sounds like not in this case since it's a single member). Most operating agreements don't allow 1 party to take a distribution without other parties taking a distribution, as well, so if one person not a party to the suit wants his money they have to address the charging order collectively. That's usually quite helpful. More for general information since it doesn't seem like it's applicable with these facts.
Ray McKigney was your investigation during the course of the original suit? That is, should you have added the individual as a necessary party during the suit? Or was it after judgment that you came into some facts that would give rise to personal liability? Not an expert on piercing the veil at all so more just curious if there would be some sort of preclusion issue. What happened in the original suit against your client?
I am still defending the original suit. Yes, we learned about the money owed from the LLC to my client during the investigation into the suit I am defending. We actually initially amended the answer to add counterclaims against the Plaintiff. Opposing counsel filed a MTD and after evaluating it, we determined the MTD would likely get granted. So we voluntarily dismissed the counterclaims against the Pltf and instead filed suit on behalf of my client against the Ps LLC. Frankly, we assumed that the LLC would answer, or at least make an appearance, and that we would consolidate the 2 cases. But they never responded to anything so we just kept moving forward on obtaining default judgment and liquidated damages, which are not insignificant.
No. The LLC is dissolved. This initially was all about gaining some leverage for the case I am defending. Now we are looking into executing on this guys house to satisfy the default judgment. If I am Plaintiff, I would be seriously considering dismissing his initial suit, which is total bullshit anyway. I am taking the individual Plaintiffs depo in a couple weeks. Should be interesting.
Sounds like they didn’t answer because he doesn’t give a shit about the LLC then. Sounds like you’ve got some leverage with a threatened claim against him personally. I’d ride that position into the rocks. I’d also look up your state’s homestead exemption (if you haven’t already) for his house, if there is one. Need to know exactly what sort of execution you can do because some states, like Texas, have an unlimited exemption so executions on primary residences are generally meaningless.
I have a very weird case involving a single vehicle mva. Plaintiff was driving down the road at night (approx 10:30 pm) on a hilly back-road when he ran up on a couple of guys riding horses on the road. He swerved to avoid hitting them, flipped into the guardrail/ditch traveling about 35 in a 55 mph zone. Terrible plaintiff, has tons of priors/preexisting and he is also very needy, calling daily for updates. Trying to recover UIM, but their position is that another "vehicle" needed to be involved, which makes sense to me. I think it's a shit case, and tried to get rid of it, but here I am anyway.
Yeah we have up to a $50K exemption here. Good thing the SoL on executing on a judgment is 10 years, so I can let that equity in his residence increase for a while if need be. I like our leverage, I’ve just got to figure out what the process is for piercing the corporate veil when there isn’t current litigation upon which to base such an action on. My guess is I just need to file a separate complaint. I tell you, doing “plaintiff’s” work is nerve wracking
judge doesnt allow motions for substitute service to be set on the hearing or submission docket. we filed in august and have called the clerk asking to put it in front of the judge once a month with no succcess i guess im just going to show up next week and physically put it in front of her
I can't imagine trying a multi month jury trial. I just finished a 2 day divorce trial and I'm wiped out.
so I'm wondering if I can try to start collecting on a judgment I have in a divorce case for $1M+ where the other side appealed to the court of appeals, I won, they filed a motion for rehearing that was denied last week, and now they say they are going to file a writ of certiorari to the supreme court. Not sure if I should wait until after they file the writ and hopefully it gets shot down.
I would imagine they'll file a motion to stay (assuming that Mississippi has an equivalent to our Rule 62).
I just came across an adjuster's log note in a claim file from when they apparently called me for free advice before we got the assignment. I don't really independently recall the conversation, but it did make me chuckle thinking about how blown away I must've been at the suggestion that they'd fight liability.
Was thinking this during the El Chapo trial when I’d skim over some of the evidentiary motions/briefs submitted by each party overnight between trial days. Prepping for the next day at trial plus writing in detail about upcoming factual issues seems to leave very little time for sound sleep.
FWIW, normally the people briefing shut between days aren’t the same people prepping the cross-examination.
That’s what I assumed but I find it hard to imagine the lead attorneys weren’t reviewing the submissions in sufficient detail to be able to raise objections. Poor articulation of my thoughts on my part.
The ride the ducks trial in Seattle was just like 2.5 months long. I was thinking you'd basically have to shut down your practice and have other lawyers handle all of your cases during that time and let clients know. They ended up getting like 200M or something crazy for I think around 40 people. The plaintiff lawyer is in AAJ and did a daily trial diary on the list serve that was leaked to the defense bar.
If you have a good team, or more specifically a good trial partner, then the lead attorney very likely doesn't read the submission word for word. Rather, they basically get the equivalent of an executive summary from the trial partner, or more likely the trial partner makes the arguments and just bounces them off the lead attorney before walking into court.
I sit around listening to Mozart all day on airpods when I'm at office when I'm not on the phone. Someone told me when I was like 8 that classical music stimulates the brain and I've believed it ever since.
Must be nice. I’m either answering staffs questions or on the phone with adjusters or bitching clients for 6 hours a day
about to fire a client. she is pissed off because she was in a parking spot vehicle that was cut off by another car. the parking spot people have a video but it's not clear what the license plate is. she has like 10k in medical bills and thinks he case is worth 50k. i told her ok lets go to trial. then she says well lets see if we can get 15. i said ok i already said we are going to try it but if you instruct me to try to get 15k i will. they offered 12k and now shes pissed off because of my terrible negotiating skills and that we look weak going from 50 to 15 i can see why Sammy Meatballs retired.
I always bounce back and forth on what the proper music is for working. Classical and piano always works. I've also got a few albums that I know like the back of my hand that can turn into background noise.
We have several cases against the Pltf lawyer that served as lead, they were all basically put on pause. She's at a big firm so her associates were able to handle most of the day-to-day stuff, just couldn't set any depos or do anything substantive for the entire time of trial. Her name is Karen Koehler and she’s the biggest bitch I’ve ever practiced against. And not a bulldog/badass/walk all over you way, she's not nearly as smart (or as good) as she thinks and often times fucks her clients over by making outrageous demands. Our firm won't mediate with her unless the Judge orders us. She trademarked her nickname ‘the velvet hammer’ and has a blog: https://karenkoehler.com/ She will tweet/blog/whatever about ongoing cases, tweets during depositions making disparaging remarks about the Defense lawyer doing the questioning--has gotten in trouble with several judges and her law firm over doing this. I've had her yell at me one time when I was a smartass--our client was being deposed (admitted liability case), she asked some ridiculous question, our client responds "really?" I chime in, "be careful, she'll tweet about you." She blew a gasket, it was great. All on the record. I didn't make the blog, unfortunately. She was sanctioned $24K last year in a very high-profile police shooting case. Immediately after the cop's deposition, she drafted a baseless perjury motion asking the Judge to refer the officer to prosecution. https://www.seattletimes.com/seattl...ttle-police-officer-who-shot-charleena-lyles/ However, the article doesn't state that before filing or serving the motion, she leaked it to the media. The defense lawyer first learned about the motion when a reporter called his office. Regarding the ride-the-ducks case...Jury returned "only" a $123 million verdict. However, Ride the Ducks had a $200M eroding policy, had spent a shitload on defense costs and had settled out almost $100M for other plaintiffs (there were 5 deaths and over 60 injuries, only 40 Plaintiffs proceeded to trial/1 estate).Insurance isn't going to cover the whole verdict. She had brought the City of Seattle and State of Washington in to try to get $$$ from them, but both were found not liable. Everybody thought it was ridiculous to bring them into the lawsuit because this accident was 100% operator error. There are also other plaintiffs that had not settled and were not in trial (for some reason everything was not consolidated), so now those plaintiffs are in trouble. I believe she was blogging during the trial about how much the jury hated Ride the Ducks. If it comes off like I have a grudge it's because I do.
I meet with my paralegal twice a day. Once in the morning and once in the afternoon. I tell her to hold all questions and documents for signing until my meeting. I do the same-i.e. I keep a word doc with a list of shit i need her to do or questions and a folder with any work product I've generated that I want her to get out. I tell my staff to divert all client calls to my paralegal unless it is an emergency although I inevitably do handle many client calls. I ask to only have calls forwarded to me that are attorney calls or PCs. Paralegal can handle most of the calls from current clients.
I don’t know if it was ever outside of Florida and Alabama, but OrthoUSA was a “ medical financing” company that more or less made up bills for personal injury plaintiffs after paying its doctors a flat fee. Its “liens” were eventfully completely disregarded by courts and the Alabama Board of Medical Examiners started investigating it and its participating doctors. Obviously, lawyers stopped using them. Its founder/CEO has moved on in spectacular fashion. https://www.influencive.com/exclusi...p-on-the-worlds-first-exotic-club-token-sale/
Maybe they'll have to seize some duck boats and sell them at auction. If so, you should definitely bid on one of those.
Anyone near Mobile, Al.? I’m trying to figure out what is currently happening in Clarke Raines murder case.
I have a divorce case where the wife stole my client's funko pops and sold them. Don't be messing with my boys funko pops! I had to look this shit up : https://www.funko.com/products/all/brands/pop He has mountains of them. Stacked from floor to ceiling.
guy i used to work with left my old firm to start his own thing and partner up with someone else. just got sued for withdrawing casino markers from their business account and charging 7-10 $10-15k vegas trips on their business AMEX
a lawyer just tried to refer me a construction litigation case where a house that was damaged was repaired and the repair went wrong. is this usually done on a contingency fee or a hourly fee. is it based on breach of contract or negligence? I'm probably going to co counsel or refer but just wondering. I don't like taking on stuff where I have no clue what I'm doing. If you co counsel you can at least learn it first.
My firm sits on expert disclosures for med mal until the deadline, and I'm not sure why. These cases never settle, and you literally have no case without them. I've attended at least 10 unnecessary summary judgment hearings this year with my argument always being "more time plz." Shit is so stressful.
There are a whole host of causes of action that can come into play. Negligence, wantonness, nuisance, breach of contract, breach of warranty, Mag-Moss Act, state statutes, etc. I’d refer it out/co-counsel if I were you. They can be expert-intensive cases that are easy to fuck up. The same 2-3 plaintiffs’ lawyers file 90% of the constitution defect cases I defend.