adjuster wanting to finish up the mediation because she is off tomorrow and friday and allocated the entire day for this didn't hurt. need peyton to get more people to buy nationwide asap
I am having one of these days where I'm on tilt because of the absolute fucking incompetence of my co-workers. Just thought I'd share that because FUCK /CSH
I settled a rather large tire defect case yesterday. 7 year old kid's face got sheered off. Took him 15 minutes to die in his mom's arms. No depos, just exchanged my expert report. Feels good man.
Agreed. The mediator cried during my opening. She's handled probably 35,000+ cases so that tells you something regarding the facts. Mom brought a bunch of stuff to mediation including the blood soaked jeans she was wearing on the day of the accident. But, detread cases are extremely difficult on the liability side. There are too many ways for them to get out even in a good jurisdiction. This particular defendant is the most litigious of all of them. So, we did what we felt was best for the family. They wanted to move on anyways.
anyone know a good book I could recommend for a new Employment Law plaintiff lawyer, ie like the David Ball books.
Nothing individually all that interesting or out of the ordinary, but it was just a series of stupidities that I was dealing with one on top of the other. Once I got to like #32, I was just snapping out on everyone, including my boss.
new judges requiring a case management conference at the beginning of the case instead of just issuing a trial date/docket control order is driving me fucking crazy. just missed our second one this year because the only notice is sending a letter and it was sent to our old address. now i have to file a motion to reinstate the case and show up at the courthouse at 8AM.
We have done that for my name, the firm’s name, and the firm’s legal LLC but still get a ton of mail sent to the old address This one was sent there because it was addressed to my name but also had my bar ID number after my name so it didn’t recognize to forward gallant knight 010267977
assign someone in your office on each Friday to go over every active case on your local clerk just to make sure nothing changed.
I hate our scheduling girl with the white hot passion of 10,000 burning suns. Actually, to be fair, I don’t hate her as a person. I hate that she is completely incompetent for the job, but is protected by my partner and the office manager because “she’s so loyal.” Have two med mal cases coming up for back to back trials in May. The first one I’m not too worried about (famous last words, I know), but the second one has a chance to be pretty bad for us. I ask her to get the expert depos set in them, which she initially did. However, we had our associate quit and when I wasn’t around my partner asked her to clear up the calendar a bit since we’re down one lawyer. Instead of having the awareness to realize that these depos need to be done before, you know, trial and stuff, she goes and cancels one expert because there were “too many conflicts that day.” She doesn’t bother to ask me or my partner about it, she just does it. Turns out that all those “conflicts” were just holds she had on the calendar for possible appointments that hadn’t been set yet. I had ZERO things on my actual calendar for the day. Now, we get court orders requiring us to complete the depos no later than Friday. Of course, three experts are only all available on the same date at the same time and none of the plaintiffs’ attorneys are budging. But yeah, she’s loyal
Me in an e-mail to Defense Attorney: "Unfortunately, we just learned that our client was murdered over the weekend. We will need to cancel the deposition scheduled for this week." Defense Attorney: "Ok. Thanks for letting me know!" Cold-hearted bastards.
ha yeah, the other side definitely doesn’t give a shit. Although a “sorry for your loss” sentiment is also probably uncalled for.
At least give a "I'm sorry to hear that. We will go ahead and call the court reporter." I'm not even asking for a probably bullshit "T's and P's" e-mail.
I've got a GC in a residential construction case. He sued the homeowners for nonpayment. They, in return, sued him for negligent/wanton construction, breach of contract, etc. He/his personal lawyer did not notify the carrier for two fucking years. Carrier files a dec action in federal court to determine coverage while hiring me to defend under a reservation of rights. Basically, I'm in a race against the clock to get this shit settled to make sure my client is protected. I explain that to counterclaim plaintiff's counsel and my client's personal lawyer. Neither really seems to comprehend that the pot is about to dry the fuck up. They amend the pleadings in the underlying state court action and file a motion to dismiss the dec action based entirely on the amendments in the state court case. The problem, for them, is that there were multiple justiciable issues as to coverage (e.g. failure to provide notice, the contracting entity was not an insured, and there was no "occurrence" per the policy triggering coverage), and none could be remedied simply by changing the name of the party in the style of the state court complaint. It's like they didn't read the complaint in the dec action, or the reservation of rights letter, or the policy, or fucking anything remotely relevant to the issue.
Also State Farm’s tactic of saying I’m giving you my full authority and then some random number like 31,147.62 Sorry guys I’m not buying it. Obviously some tactic State Farm came up with to make us think that they’re really giving us everything
Lol and another client threatened to file a grievance because she is taking to my associate and not to me about her case Saying she can never get a call back when either my assistant or my associate is giving her updates I’m about to fire her
Just started a new job working for the State. My stress level is going to significantly decrease. Very excite. Oh and my commute is 10 minutes instead of an hour each way. Idk what to do with my hands.
Yeah and I was actually practicing with one of the lawyers who worked my case back then. Practicing in the same district with the same prosecutors too. It was a good learning experience and I got to sink or swim. Now I feel comfortable in the court room and am looking forward to doing the same stuff every day with the same judges and a nice support staff. Also really close to home and my wife’s work.
for those who are interested in throwing in there recs... https://www.the-mainboard.com/index...rs-or-those-who-like-the-law-politics.177271/
Florida peeps, does a notice of appearance qualify as a sufficient record activity/filing under 1.420(e)?
Why not just file a motion for case management conference Or a bullshit RFA Haven’t practiced there in 2+ years but they’ll set it for hearing well in advance of dismissing it for lack of prosecution
quick westlaw search: St. Anne Airways Corp. v. Larotonda, 308 So.2d 129 cites a bunch of similar cases, probably has your answer. The answer is probably: "The filing of a notice of substitution of counsel and an order entered thereon does not constitute affirmative case activity to preclude such a dismissal" ... "Plainly, not all types of record activity, whether by pleading or order, will defeat an otherwise well-taken motion to dismiss for lack of prosecution, but only that record activity which is reasonably calculated to advance the cause to resolution"
I want it dismissed. Court stated that it would be barring good cause being shown if there was not any recorded activity.
I'm filing a 16 page bed bug complaint today. It is glorious. I got it from this dude in Maryland who is the king of bed bug litigation.
have this case where a box truck just plowed through a bunch of folks at an intersection. There's like 12 plaintiffs. $500k policy. One of the plaintiffs is claiming a TBI and demanding the full $500k. Never been in this situation before. We're going to try to split the pot but if he continues to demand most of it then I think we're going to get them to interplead the funds and have a bench trial on damages and let the judge split it for us. I guess they have equipment , cash , assets but I hate messing with that stuff to try to collect a judgment.
Also have a case where a doctor committed clear malpractice but was an independent contractor and had no insurance. He filed his answer to the complaint on his office's letter head , in his handwriting, with a one line response that he denied everything. Then his personal lawyer told me he has no coverage and no assets because he was wiped out by malpractice verdict recently. Seems like a hospital should be liable if a doc is practicing without insurance at their facility.
Jealous of you litigators with factually interesting cases. The bulk of what I've worked on this week have been tax research and operating agreement provisions for real estate investors