Lawyer thread

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

  1. BamaNug

    BamaNug The journey itself is the point
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    This. No problem with someone going to a chiropractor once or twice, same concept as acupuncture or some other alternative treatments.

    But when the chiro says "you need to come 3x/week for 6 weeks and we'll re-evaluate" -- you are not a medical doctor. And it is a pet peeve of mine when they refer to themselves as "Dr. Smith."
     
  2. Gallant Knight

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    Hahahahahaha he’s threatening to file a motion saying I’ve violated my duty of candor to the court
     
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  3. Gallant Knight

    Donor
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    I think my response should just be: “please set it for an oral hearing.”

    C5ACB2B1-9D89-4568-B06C-CC8797066AA1.jpeg
     
  4. Z

    Z Well-Known Member
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    Yes, I don't think there's anything a chiro does that can't be accomplished by a good PT, and with PT you don't run such a high risk of causing further and/or permanent injury because of junk science.
     
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  5. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    You should amend the motion.

     
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  6. BamaNug

    BamaNug The journey itself is the point
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    Yea, I'd file a simple amendment/addendum, but keep it noted.

    Like one paragraph, "adopt and incorporate the entire previously filed motion except for paragraph 14:"
     
  7. Gallant Knight

    Donor
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    Gracias might legit copy and paste that and keep mr douchebag
     
  8. BUstang

    BUstang Lawyer

    I thought the same thing.
     
  9. Gallant Knight

    Donor
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    I emailed and said I will be amending the motion and he replied that I should just send him the release and get the case resolved.

    No chance.
     
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  10. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    oh boy i love it when all sides dig in on something like this.
     
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  11. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    we had one where my partner settled a small med mal claim for like $80k and I was hoping to get the money in but then OC insisted on a confidentiality clause and my partner out of principle of the matter said that wasn't part of the settlement and refused to have the client sign the release of finalize for like 30 days . the whole time i was like just signed the damn release so we can get the money.
     
  12. Sammy Meatballs

    Sammy Meatballs Pete Gelding
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    Alabama Crimson TideArsenal

    Today I had an Albanian property owner tell me he has some people looking into me because of my harassing questions to his Vice President of operations, who is a black female. This is an apartment shooting case.

    I asked him what he meant by that and he said I asked her very racist and very offensive questions. I asked what questions he meant.

    Turns out she was “very offended” when, after refusing to answer my question about whether their property should have notified residents about crime, I asked her if she lived in a condo. She refused to answer that and I said “ok based on your zoom background and the view I can see I’m going to assume you live in a condo. Do you think your condo complex should notify you of crime?”

    I also apparently very deeply offended him when I asked what cash flow is and he said he wished he could see me in person to show me how much I offended him.
     
  13. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Comp case where dude is cutting down trees at work; that's his assignment that day. He is found unconscious with multiple skull fractures, felled trees all around him, and a chainsaw idling next to him. He is taken to the hospital, has a brain hemorrhage, and loses all brain activity. He also tests positive for COVID. Ultimately, they pull the plug because he's brain dead and he dies. The only cause of death on the death certificate is related to a traumatic head injuries and the hemorrhage; no mention of COVID. Employer is cited and consents to multiple OSHA violations for failure to provide PPE and training.

    Adjuster's position? "Well, no one saw a tree actually hit him, so we dispute the mechanism of injury, and maybe he died of COVID so here's a lowball offer."

    This is why our esteemed defense counselors are saying it's rare that they settle for much less than their authority -- because the authority they're given is shit.
     
  14. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    :roll:

    If a tree falls in a forest...
     
  15. BUstang

    BUstang Lawyer

    This actually made me laugh out loud. Thank you. I hope that disputed mechanism of injury is in writing because you should frame it.
     
  16. BUstang

    BUstang Lawyer

    Settled another 18 wheeler matter for a bit less than policy today. Took 6 months and 2 depos so while it may have been worth the entire policy, it's nice to get a quick turnaround. Onto the next one.
     
  17. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    I paraphrased earlier but this is an actual quote: "There are disputed issues in this case, starting with the mechanism of injury."

    The other disputed issue is whether he died from the skull fractures or covid.
     
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  18. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Even if he did die from COVID, that wouldn't matter under Alabama law if he was hospitalized from the head injury, right?
     
  19. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
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    I made it to there before I already knew the fuckery that was about to be explained.
     
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  20. CF3234

    CF3234 Fan of: Bandwagons
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    Nowhere near as entertaining as covid, but last week an OC asked me to cancel a deposition because she wanted to try and resolve the case. I said yes on the condition that she doesn’t try to reset the depo for August or later. Seconds after I file the notice of cancellation, she sends me dates in September. It’s now been a week of complete radio silence. No offer. Not even a low ball one. Send her an email today saying I’ll be filing a motion to compel earlier depo dates in accordance with our agreement. Her response? To ignore that email and send an email to my partner about setting the case for mediation.

    :rage:
     
  21. Gallant Knight

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    I mean go mediate the case?
     
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  22. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Since we're on a roll today:
    One of my med mal clients calls me today to tell me they got in a wreck and hired billboard lawyer for that but that they were told if they have a lawyer for a different injury case (med mal) they should let that lawyer know. Gee thanks.
    Jones Act /offshore injury PC that I've been working with for a while has finally decided to sign up as client today which is good. He also told me that he got in a wreck recently and hired a bill board law firm for that. I was like what the heck! Why didn't you call me! He said it was an on the spot/instinct thing. :facepalm:
    2 in one day!
     
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  23. Gallant Knight

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    That would drive me to kill multiple bottles of wine
     
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  24. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    This FTCA premises liablity case I've posted about before has turned into an absolute fight to the death. The AUSA emailed me today saying they didn't think the court ordered federal settlement conference would be productive so they wanted to cancel it. I think that's a first. Our magistrate is pretty new and is like 30 for 30 on settling cases at these and is hardcore about them. Does the mediation in the actual courtroom. Heard him speak on it recently. I'm guessing he's going to make them show up and explain why they won't make an offer at all.
     
  25. CF3234

    CF3234 Fan of: Bandwagons
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    My partner hates mediation. I don’t know why but he does. Also I doubt I get a mediation date before august anyway.
     
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  26. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    the more mediations I do, the less I like them. Still, probably more than half my cases settle at mediation. But I've had enough of them where the carrier shows up in bad faith with shit authority and the whole thing is a waste of time that I'm now not nearly as excited to mediate as I used to be.
     
  27. Sammy Meatballs

    Sammy Meatballs Pete Gelding
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    Alabama Crimson TideArsenal

    in the same case where I was told I am very offensive, we currently have a pending motion to compel. the defendant has filed a response.

    part of the response actually says that he was too busy responding to my emails because I email him multiple times per day and that despite me waiting over a month to file this motion, just because the attorney is unable to provide an update from his client is no reason to file a motion to compel.

    i am unaware of any other reason to file a motion to compel other than I cannot get the discovery I want.

    the response is essentially this :magatears:
     
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  28. Gallant Knight

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    Damn I would love every non Allstate and State Farm m case I have to go to mediation
     
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  29. BamaNug

    BamaNug The journey itself is the point
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    I see morale is high today fellas
     
  30. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    all time low here
     
  31. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    I feel you. Happens so often.

    “I trust my life with you guys. Y’all do all my legal work. Sorry it took me so long to come in. Was in a bad car wreck. Oh, I called Alexander Shunnarah for that.”
     
  32. ~ taylor ~

    ~ taylor ~ Boom... head shot.
    Donor TMB OG

    Does anybody have a recommendation for a commercial litigator in the Jacksonville area for a client? Our steel company client sued a Florida steel company in federal court in Michigan, they responded by suing our client's principal in Jacksonville for violating a non-compete. Our suit is a $15m breach of contract claim, haven't seen their complaint yet. Thanks!
     
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  33. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Big Meech probably knows somebody
     
  34. ~ taylor ~

    ~ taylor ~ Boom... head shot.
    Donor TMB OG

    Big Meech, feel free to DM me if it's easier. Thanks.
     
  35. BamaNug

    BamaNug The journey itself is the point
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    And it settled for $60K, but not before I was able to get a few more 0.1s in!
     
  36. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Under the WC Act, the wife has a statutory independent cause of action for death benefits -- 500 weeks of 50% of the worker's average weekly wage, subject to maximum and minimum benefits -- so long as we can prove that his death arose out of and occurred within the course of employment. She doesn't even need to open an estate to pursue that claim. So, the only thing I have to prove is that this guy died from a work related injury.

    They're entitled to make me prove it, but holy shit this is dumb.
     
  37. Gallant Knight

    Donor
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    LOL he just sent me an email saying he will hold the settlement check until the motion to enforce is resolved

    no idea what to say to that

    I figured youd be as difficult as possible. If i have to respond then Ill hold the check pending resolution of the motion.
     
  38. dome foam

    dome foam ¯\_(ツ)_/¯
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    Send the check = pass the hearing. That’s the tweet.
     
  39. CF3234

    CF3234 Fan of: Bandwagons
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    If only you had settled for 59.5. You’d have been a hero.
     
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  40. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I mean get fees on this sob
     
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  41. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Lol at showing up to a hearing and saying “your honor, I have the check and am holding it because he filed a motion.”
     
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  42. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    at what point does a separate bad faith cause of action arise in this scenario
     
  43. Gallant Knight

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    He’s a 30 year lawyer and has ~20 cases under his name in Harris county

    not active cases. Total. Some from like 20 years ago
     
  44. Gallant Knight

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    Said I would do that a long time ago
     
  45. buy_dont_lease

    buy_dont_lease Ha ha ha. What a story, Mark.
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    Lmao this is my old boss. At least he had an entertaining personality. There must have been some national defense counsel CLE in the late 80s or something that told these guys they’ll “be heroes” if they save their adjuster $2,500 on a claim evaluated at $60,000.
     
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  46. CF3234

    CF3234 Fan of: Bandwagons
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    Oh adjusters absolutely get themselves off when you tell them that you came in $500 under the authority. But so often the authority is so inadequate that you have no shot to come in under and are almost always asking for more.

    when I was doing defense, I’d save the under authority settlements for cases I did with friends. Would get the true bottom line from them (ex 20k), ask for 25k in authority, get 22k, then be a hero when I save them that 2k.
     
  47. dome foam

    dome foam ¯\_(ツ)_/¯
    Texas LonghornsHouston AstrosHouston RocketsHouston Texans

    Well, now relish in the glory of walking into a hearing where absolutely nothing can go wrong for you and it will be entertaining as hell. I love that feeling.
     
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  48. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Just got a $100k offer on a retained instrument case against the VA where the client had a suction cup left in her after a hysterectomy. Got a mild infection that cleared up after 2 weeks of antibiotics. Not bad.
     
  49. Oranjello

    Oranjello Well-Known Member
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    In May, wife's employer put in front of her an employment agreement with restrictive covenants. At the time, I easily concluded it was unenforceable, so I told BFF to sign it, not sign it, do whatever she wants since it doesn't matter. This week, employer realized she had not signed it, so they sent the "revised" agreement (without noting what was changed). I just redlined it and see that they made the restrictive covenants slightly more enforceable, but they also reduced her salary. I am livid
     
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  50. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    In your jurisdiction , in a premises liability case, if Defendant wants to argue that they delegated safety regarding certain parts of the premises to an independent contractor, is that an affirmative defense that must be plead in the answer? Also , is simply saying Defendant isn't liable for the incident good enough to invoke that defense? I'm about to argue that to raise this defense it must have been specifically plead , they didn't plead, so they can't argue it on a motion to dismiss. About to start doing the research but was just curious what yalls take on it is.