Anyone ever handle litigation in N.D. of California – Oakland Division? If so is it liberal, conservative, what are juries like out there etc.
I can’t imagine they’re conservative. I know one of the big roundup verdicts came out of the SF division.
My understanding of California, generally, is that it is a defense-side hellscape, regardless of area of law.
Got one I've been working on that I mentioned before that's a new one for me. Client was hit by drunk driver. Driver had proof of insurance at scene, turns out no longer valid. So it's a UM case. My client had a garage policy, but he was not covered under it because he was driving another company's auto. He's covered by their policy (UM) and obviously worker's comp. We initially thought this one was just soft tissue type injury, but it has turned into something more major. Client is now having surgery for a tear in shoulder. Defense/Insurance guys, do you evaluate these UM cases any different when there was worker's comp on the front end? I've got $75k in limits here with a surgery. Somewhat conservative venue (Tuscaloosa County)
Not a defense /insurance guy but I'm throwing my 2 cents in regardless: My experience in 3rd party actions with an underlying comp case is that the comp lien becomes one of the biggest factors. In MS the comp payments are collateral source so the jury wouldn't know about it. I also don't think the defendant would get a credit against a verdict for what comp paid because the comp carrier has a subro right, therefore those issues effectively work as a set off.
I forgot about that in the UM context, you are 100% correct. Therefore, defense may get a credit against the judgment.
I have a case that's been in litigation for a while and I've recommended settlement and carrier has agreed to pay it. I can't reach my client to see if he would accept. His phone is disconnected. He lives in Houston. We wondered if he was in jail. Turns out he was arrested in Hawaii back in April for quarantine violation while on vacation. Then arrested again last month in Miami for concealed carry violation. What a crazy guy. Might call the jail in Miami and see if he's still in there and if he'd take the settlement. We've sent certified mail , text, call, email. No response.
The jury pool is what you would expect in the Bay Area as far as liberal or conservative leanings. The Oakland division has Alameda and Contra Costa counties, which are a plaintiff friendly jury pool.
We’ve had a couple judges in Georgia die from Covid. The Chief Justice is threatening courts that don’t follow guidelines and extending the judicial emergency. Most courthouses can’t fit enough jurors in the courtroom for jury selection. I may as well take the rest of the year off.
i thought we were going to have 20 trials this year and now i'm pretty sure we will have zero. no trials in texas until 9/1 officially, but i can't imagine that will actually happen. also, wouldn't the first jury pools all be allocated to criminal trials for a few months?
does he have a wife/gf? when this has happened to us we have called those people and generally they've been the ones to arrange everything for us.
In Florida, criminal trials have priority. I think they are trying out virtual juries. I have no faith in that succeeding.
That's what they're telling us in WA and OR, have to imagine it will be the case for everywhere else. First few months will likely only be criminal trials.
a jury in the most conservative county in texas would disagree with you. i found that our first hand. that was expensive
I’m actually thankful you posted this. I thought it was just me. It’s been a battle every day to stay focused and to even give a crap about my work.
Me too big time. Texas has basically said there are zero deadlines that matter anymore. I have my staff handling all the pre lit stuff. Tough
I've been going to the office since the beginning of May. It's still isolating because not many others are here, and I close my door as soon as I arrive. But, I think it's a combination of a lack of movement on cases and a lack of real interaction.
I’ve been going to the office every day since March. Wear a mask and most of my building is empty my staff is all working from home it made me realize the % of my day I spend answering in person questions. Like hours a day. one of my legal assistants who hasn’t been to the office since April for Covid last week. Talked to her Friday and she sounds fucking terrible. I don’t see us opening any time soon
Busiest I've been in a long time. Several new cases including a train derailment on my client's property. Defense lawyer in a case with 10 defendants just filed a litigation accountability act claim against me.
one of the partner's kids got covid. Don't think we will be asked to return any time soon. Maybe the fall.
They just reinstated deadlines in Georgia, but I just see that creating some extra motion practice. and say you complete discovery and discovery period ends... what happens then? There’s no way we have trials the rest of the year. Then it’s the criminal backlog. I’m just going to have a lot of cases sitting there with nowhere to go.
Basically arguing that I've filed a frivolous lawsuit and should have to pay their costs. I've got a go-hard young guy from a big firm that just doesn't get it. The chances of the trial court awarding him anything are less than zero. And I've got enough facts that I don't think for one second my case is without substantial justification. He's not even my target. If he'd just sit back, he could bill a bit and get out fairly cheap.
Yeah, this guy made a mistake. He filed it as a permissive counterclaim, but as the ALAA does not create a stand alone cause of action, it can't be permissive. It has to be filed in this case, and therefore it's a counterclaim that matures after pleading. So he has to get Trial Court's permission to file it if he's doing a counterclaim (I actually think it could probably just be filed as a motion, but if he's going to do a counterclaim, he's got to do it right). Second one I've dealt with. Last one, court denied permission to file it. "Frivolous lawsuit" settled for 7 figures about a year later.
so, i'm sure i can research this but yall probably know the answer. if someone files that and loses do they have to pay your costs?
If I was in another venue, I might care. This is biggest waste of filing ever. This Judge won't even grant a summary judgment--ever, much less this.
Well, the losing defendant at trial always has to pay costs; just not fees. The only way for a defendant to recoup costs are (1) extending an offer of judgment and the verdict being lower than the offer (but greater than $0); or (2) making an ALAA claim and getting the case dismissed (in which case, he also gets fees).
Was the busiest I've ever been during the pandemic. Finally things starting to get normal only for my coworker to go out on maternity leave for 3 months. We are a dept of 3 people so losing her is going to be brutal. Add to that no vacations and a promotion almost a year ago where they still haven't decided to offer any more compensation (per all the studies I have read I am paid about 50% of what I should be). Yeah, my motivation is at an all time low. But still trudging on at the moment.
My bi-annual review tomorrow. Will be really interested to see what bonus is offered given how 2020 has gone