Lawyer thread

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

  1. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I don’t see the big deal. Let the dude out. Also wtf is a signed verification regarding rogs? I’m guessing you mean he didn’t sign the affidavit and thus they aren’t under oath? If so , that is pretty busch league. However, yall are 5-6 months into litigation and didn’t file a motion to compel as his answers are unsworn? Most defense firms I deal with wouldn’t have let that shit slide that long.
    EDIT : before you let him out consider taking his deposition as he’s currently a party and thus you wouldn’t have to subpoena him and then get all the juicy details that you can on the divorce
     
    #11001 RJF-GUMP, Aug 28, 2020
    Last edited: Aug 28, 2020
    wes tegg likes this.
  2. bro

    bro Hey Hermano
    Donor
    Tennessee VolunteersToronto Blue JaysLos Angeles DodgersDenver NuggetsBuffalo BillsBuffalo Sabres

    You don't see a big deal in someone filing a lawsuit on behalf of someone then coming back months later and implying that they never represented him?

    no one said we are opposing it.

    yes, the roggs must be signed by the person answering. Plaintiff responded to WD June 1. We've been requesting them, informally, to get him to sign the roggs.

    I wasn't on the case, but my guess is Plaintiffs' counsel has been saying the responses would be signed soon, but never followed through. Thus, a motion to compel was not filed because of counsel's representations. We deal with this firm a lot, so we have a rapport with them. But they seem to be falling apart and only putting new attorneys on their cases. I think a lot of people are jumping ship. As such, we are learning that their word isn't what it used to be.

    Suit was filed in February. Just because I said litigation has been ongoing 5-6 months doesn't mean that is how long the roggs have sat unsigned.

    phew
     
  3. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    We probably only have half out of our roggs with a verification and have gotten compelled on that never
     
    BUstang likes this.
  4. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    you also say you deal with in house lawyers that basically do a half ass job and try 5000 cases a year
     
  5. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    didn't mean for you to go through all of that. my bad. carry on.
     
  6. bro

    bro Hey Hermano
    Donor
    Tennessee VolunteersToronto Blue JaysLos Angeles DodgersDenver NuggetsBuffalo BillsBuffalo Sabres

    more enjoyable than what I am currently doing, which is drafting an answer in a lawsuit involving one of the most wild pro se Plaintiffs I could imagine.
     
    RJF-GUMP likes this.
  7. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    Indeed
     
  8. ukcats8

    ukcats8 smugapari
    Donor
    Kentucky Wildcats

    Anyone here familiar with dust mask litigation (3M, American Optical, Mine Safety Appliances, etc.)? I have a case, and the complaint is ready to go, but would love to know if any of these types of cases ever settle pre-lit. I noticed a ton of voluntary dismissals filed in local cases this week, so I'm assuming these companies are settling. The only verdict I've found was huge, so I'm struggling to figure out what to value the case, and client is following my lead.
     
  9. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I don't do any products cases but aren't they super expensive to litigate? I'm assuming if they don't want to settle both sides will bring in tons of experts . Don't cases like this end up costing $100k+ through trial?
     
  10. wes tegg

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

    I think the dust mask cases are going to end up an MDL.

    At my first firm, I used to defend some Black Lung Benefits cases. It’s more like comp, though.
     
  11. ukcats8

    ukcats8 smugapari
    Donor
    Kentucky Wildcats

    Have a question for guys that know property law. A friend/Buyer has a land contract. The Seller also has a mortgage on the property. Quick research shows KY converts this to a mortgage in the case of a default buy the Buyer, rather than forfeiture. Allows a foreclosure and Buyer can recoup money if the property sells for more than what's owed.

    However, I'm not sure what the remedy would be for a situation where the Seller defaults on his mortgage. What recourse would the buyer have? Or would he be shit out of luck? Contract is silent on the issue.

    Basically what has happened is Buyer has made all payments during pandemic, but the Seller has not been using those payments to pay the mortgage.
     
  12. ukcats8

    ukcats8 smugapari
    Donor
    Kentucky Wildcats

    It's looking more like a referral the deeper I dive into it. The strategy I've seen is that plaintiffs avoid federal court. If they can't, the case usually gets tossed for SoL issues by federal judges. State courts allow the SoL issue to be decided by a jury, which drives up case values a ton. So complaints defeat diversity by adding instate defendants (distribution/regional sellers), and plaintiffs then delay a year, settle/release state defendants, leaving only the manufacturer/foreign defendant. So it seems like not only will it be expensive, but also very timely. Not sure I have the means to sit on a case that long, unfortunately, even though it seems like a valuable case.
     
    Craig Pettis likes this.
  13. Oranjello

    Oranjello Well-Known Member
    Donor
    Green Bay PackersGrateful DeadMississippi Rebels

    What is a land contract and what rights does it give the “buyer”? I use quotes because this sounds like a lease

    Why would your friend enter into this arrangement? Seller not paying the mortgage and your boy getting screwed is easily foreseeable
     
    Stagger Lee and wes tegg like this.
  14. ukcats8

    ukcats8 smugapari
    Donor
    Kentucky Wildcats

    A Land contract is direct financing from the seller of the property to the "buyer," cutting out the middleman. Seller keeps title until balance is paid in full. Only upside for the buyer I can fathom is it allows them to take on a property they maybe couldn't get traditionally due to lack of down payment or credit? Idk, I wouldn't have advised it obviously, but he's already 2 years deep at this point.

    Land contracts used to be "rent to own" types of situations, but KY passed some protections for buyers that allows foreclosure and a forced sale of the property when buyers default. Still, I'm afraid what you said is true and my buddy is fucked in the event Seller defaults. Just curious if my buddy would have any interest or remedy in the event of a bank/mortgage induced foreclosure.
     
    Oranjello likes this.
  15. herb.burdette

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

    Are you in Kentucky? If so, it depends on the county. Ultimately, it really just depends upon the level of your plaintiff’s injury and the sympathy that generates.

    It’s not going to settle for anything reasonable prelitigation.

    This is paint by numbers litigation on the defense side. You are going to get the full playbook until it’s set for trial and they worry about the venue.
     
    ukcats8 likes this.
  16. ukcats8

    ukcats8 smugapari
    Donor
    Kentucky Wildcats

    Same venue as a $8kk jury verdict back in 2016. Not aware of any other verdicts in any county since though. Client has end-stage coal workers' pneumoconiosis, and he will eventually die due to his lungs. He was found totally disabled legally (due to having advanced stage of CWP) and medically (low ABg values / pulmonary testing) in his federal black lung case, which is relatively atypical if you're familiar with those cases. So he's a great plaintiff, with exception to the SoL issues that are always present in these cases due to length of time since last exposure.

    That's what I was afraid of re: pre-litigation settlement. I have a background doing some med mal, so I'm not a stranger to contested litigation, but I doubt I can afford to sit on a case and fund experts as Gump mentioned.
     
  17. Oranjello

    Oranjello Well-Known Member
    Donor
    Green Bay PackersGrateful DeadMississippi Rebels

    Interesting variation on seller financing. Did they record the land contract? Was the mortgage lender involved whatsoever?

    I don’t know specifics, but I have to imagine the contract gives him some kind of interest in the property such that the mortgage lender can’t just foreclose and kick him out. Recording the contract and putting the lender on formal notice prior to initiating foreclosure probably make sense but hell if I know. What a shitstorm
     
  18. herb.burdette

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

    If that’s the case, have you ever referred anything to Collins?

    Shoot me a DM if you want to know about him.
     
    ukcats8 likes this.
  19. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    the black lung cases are under the same ALJs as the longshore cases that I deal with. EDIT: the longshore ALJs that I've had cases in front of tell me they do black lung cases as well
     
    wes tegg likes this.
  20. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    I would call the mortgagee first and try to figure out a deal where your friend assumes the mortgage.

    Outside of that or buying it at auction or something, I think your friend's only recourse would be to sue the owner. He still won't get to keep the house without a deal with the mortgagee, but he could get damages. Not that that would be worth a shit since the guy isn't paying his mortgage....

    Land sale contracts can suck for the purchaser. I have a client that owns about 25 houses and does this. People live in it for years until one day when they can't pay the mortgage, and then it's basically just an unlawful detainer issue to get them out and they lose all "equity."
     
    ukcats8 likes this.
  21. Oranjello

    Oranjello Well-Known Member
    Donor
    Green Bay PackersGrateful DeadMississippi Rebels

    That sounds really shitty
     
    Stagger Lee and colonel_forbin like this.
  22. CoastalOrange

    CoastalOrange Well-Known Member
    Donor
    Clemson TigersTennessee VolunteersBarcelonaUnited States Men's National Soccer TeamLiverpool

    Think I'm going to have to start doing some job searching. From an overall perspective, really not a fan of this during this time. Too much uncertainty. From a more personal perspective, I really hate drafting cover letters. I never know what to say.
     
    Stagger Lee and Oranjello like this.
  23. Oranjello

    Oranjello Well-Known Member
    Donor
    Green Bay PackersGrateful DeadMississippi Rebels

    Cover letters are objectively terrible. Connect your experience to the job you are seeking, and relate a connection to the location. Broad, fluffy corporate speak may help fill in gaps. Best of luck
     
    Stagger Lee and CoastalOrange like this.
  24. Big Meech

    Big Meech I like turtles
    Donor
    Clemson TigersJacksonville Jaguars

    Dude, didn’t you just spend three weeks in Aruba working from “home.”
     
  25. CoastalOrange

    CoastalOrange Well-Known Member
    Donor
    Clemson TigersTennessee VolunteersBarcelonaUnited States Men's National Soccer TeamLiverpool

    Yep, and it was amazing and a great experience. But there are other items at play that are leading me to look around, understanding the grass is not always greener on the other side.
     
  26. bro

    bro Hey Hermano
    Donor
    Tennessee VolunteersToronto Blue JaysLos Angeles DodgersDenver NuggetsBuffalo BillsBuffalo Sabres

    I really like my cover letter but did find it annoying to have to constantly tweak it for each job application.
     
  27. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    On vacation and was trying to determine how much interruption was acceptable. So far I've had a client message me directly on facebook messenger and then my office texted me to let me know 3 new workers comp PCs called us and what to do about it. I've decided on a 5 night vacation that isn't bad at all. The worst was when I was on my honeymoon and I had a car wreck client texting me in Jamaica telling me he needed his settlement money. Yes I know big law is much worse and they bug you a lot but I have a much different set up.
     
    Gallant Knight likes this.
  28. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    New business yes

    existing client bugging your about not essential stuff I have my staff tell them I’ll call when I’m back in order that messages are received
     
  29. BamaNug

    BamaNug Quentin Quarantino
    Donor
    Alabama Crimson TideAtlanta BravesNew Orleans Saints

    When I was applying to jobs in Seattle, I sent out so many cover letters/resumes and made several mistakes.

    Had more than a few responses pointing out that while my header/introduction was addressed to the right firm, the body of my cover letter would mention "I think I'd be a great fit for Amazon [or someone else the letter is not addressed to]"

    Oops.
     
    CoastalOrange and bro like this.
  30. bro

    bro Hey Hermano
    Donor
    Tennessee VolunteersToronto Blue JaysLos Angeles DodgersDenver NuggetsBuffalo BillsBuffalo Sabres

    Have had that happen a time or two. :laugh:
     
  31. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I def see your point on new business but my mentality is an all or nothing approach for vacations. If you half way recharge I’m not sure you accomplish the objective. For mental health and just unwinding I think it’s counterproductive to get on the phone with PCs and try to work through their issues. I guess it just depends on how much you want to get out of your vacation, how much stress you incur by dealing with PCs etc. I just had staff try to talk to these ppl and set them up with appointments for when I get back.
     
    buy_dont_lease and wes tegg like this.
  32. wes tegg

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

    I did a couple of lawyers' lawyer things today. Feeling pretty good about my karma.
     
  33. Sammy Meatballs

    Sammy Meatballs Well-Known Member
    Donor
    Alabama Crimson TideArsenal

    I may be doing the opposite.

    I’m currently digging a very large hole to bury this poor big box defense lawyer in now that I have him nailed on blowing all his objections to my discovery, then blowing the deadline to respond to my motion to compel and now lying to the judge’s staff.

    the job market isn’t great during a pandemic, you’d think he would want to hold on to his job.

    he gets a short reprieve though since it’s derby week and I have more important things to do.
     
    ARCO, Oranjello, Craig Pettis and 2 others like this.
  34. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    This is the defendant's argument in a large breach of contract case: "We interpret the contract to say X. However, we admit that we drafted the contract, the contract unambiguously says Y, and there's no evidence that your client intended it to mean anything other than Y or that he had knowledge that we meant it to say X."

    Good luck with that one.
     
  35. ukcats8

    ukcats8 smugapari
    Donor
    Kentucky Wildcats

    Alabama lawyers,

    Friend of mine got injured on the job and broke his heel. Works at Wal Mart. He had surgery, and he's being pushed to return to work on light duty 1 day after the surgery. Hoping someone here can give me a name to give him for Oxford, Alabama.
     
    bertwing likes this.
  36. wes tegg

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

  37. bertwing

    bertwing check out the nametag grandma
    Staff Donor
    Arkansas RazorbacksNew Orleans SaintsTiger WoodsBarAndGrill

    Can I choose the TMB lawyer to go up against?
     
  38. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    Yes
     
    bigred77 and bertwing like this.
  39. Stagger Lee

    Stagger Lee Crazy. Sexy. Cool.
    Staff Donor TMB OG
    Georgia BulldogsTexas RangersCharlotte HornetsCarolina PanthersGrateful DeadWu-tang

    During OCIs back in lawschool, the first thing an interviewer asked me was "do you know what job you're interviewing for today?" When I told him yes, he pointed out that I had addressed the cover letter to a different firm. Needless to say I didn't get a call back on that one.
     
  40. bertwing

    bertwing check out the nametag grandma
    Staff Donor
    Arkansas RazorbacksNew Orleans SaintsTiger WoodsBarAndGrill

    **reviews list of TMB lawyers**

    [​IMG]
     
  41. Z

    Z Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    Can a CRNP testify as to causation/diagnosis?
     
  42. wes tegg

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

    I would think you'd have to have some kind of diagnostic experience/qualification to that specialty. I'd fight a CNRP testifying to something orthopedic if he/she didn't have specialized orthopedic training.
     
  43. Z

    Z Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    This is just run of the mill got a little banged up in a car wreck, CRNP prescribes some pain killers and also some anxiety medication (high speed head on collision).

    Defense attorney is raising an objection to me like she is unqualified to testify about medical necessity of these things when she was on-call physician at the clinic. I haven't ever had anyone object to it before.
     
  44. wes tegg

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

    You can say that again!

    That said, Fast Eddie ain't keeping that out.
     
    Z likes this.
  45. Z

    Z Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    Um, I have no idea how I did that. Can somebody delete all but 1 of those? Bizarre.
     
  46. bwi2

    bwi2 Not affiliated with BWI
    Donor
    Duke Blue DevilsWashington NationalsArsenalUSA Basketball

    talk about a wreck
     
    wes tegg likes this.
  47. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    In MS, nurses can't testify re: causation. Of course a NP is more qualified than a RN but I don't think we have any case law directly on point re: NP's and causation/diagnosis. When I have a NP that does most of the treating and the case is big enough to justify it , I typically take the depositions of the NP and her supervising MD on the same day if possible. I take both depositions though because I don't want to run into any issues re: qualification etc. I did this earlier this year and the MD told us multiple times that we'd have to ask the NP about what medications were prescribed at what time and what happened at various visits. I was glad we took the NP's deposition as well. I know this makes it more expensive in a soft tissue case so you might not be able to do it.
     
  48. Z

    Z Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    Yeah, this is a low value case. I just am trying to settle it, but State Farm is jerking me around (liability is clear).
     
    Gallant Knight likes this.
  49. Bo Pelinis

    Bo Pelinis WE GO HARD ON EARTH
    Donor TMB OG
    Nebraska CornhuskersBig 8 Conference

    The offer is now 302 million. Pay up fuckface.
     
  50. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    We are probably going to have to try 50%+ of my State Farm cases.

    I referred one to BUstang ehere my client had a broken ankle and back surgery with clear liability and they just never even made an offer.
     
  51. Z

    Z Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    It’s brutal. This is relatively new for me. It just doesn’t make any sense.

    This isn’t one of my best venues, but it’s still easily in the top half of counties in Alabama for Plaintiffs.
     
  52. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    We are going to have to try 75% of Allstate

    I think State Farm hired someone consultants who told them its cheaper to do this than settle

    when I started my firm in 2016 I settled every State Farm case pre lit

    now they’re offering like 40% of my clients medical bills
     
    Z likes this.