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

    But doesn't the pharmaceutical company ultimately save billions of dollars and avoid a significant amount of exposure because of this? Are you saying that Beasley Allen and other major mass tort firms are fighting it just for optics?
     
  2. herb.burdette

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

    From what I understand, they are fighting whether these claims risk insolvency and therefore whether bankruptcy is even appropriate.

    There are a whole host of decisions on that issue in the asbestos context. Ironically, most of them involve a debtor working collusively with the asbestos plaintiffs bar in a prepackaged bankruptcy, which is a specific type of Chapter 11 procedure for asbestos cases.

    If the company is not in danger of insolvency, then they get booted from bankruptcy court, and no separate run off company is allowed.

    Any corporate transaction to create a runoff that occurs outside of bankruptcy confirmation is treated like any other fraudulent conveyance to avoid creditors.
     
  3. BamaNug

    BamaNug Half is a lie, but the good part's true
    Donor
    Alabama Crimson TideAtlanta BravesNew Orleans Saints

    I know I've talked before about Washington's mandatory arbitration system, whereby if a Plaintiff stipulates his damages are capped at X, the case gets placed into Arb, fast-tracked thru discovery, and a hearing within 3-4 months. There's a right to appeal trial de novo, so it's not a final order.

    In 2019, WA increased the Arb amount from $50K to $100K -- so now you have private arbitrators deciding six-figure soft-tissue cases with no regard for the rules of evidence. It's a shitshow.

    But, with the $100K increase, that now means an Arb case with diverse Parties can be removable -- even though it's getting fast-tracked thru Arb. We try to get Pltf Counsel to stipulate their damages are below $75K/they will not be seeking the full Arb limit, otherwise we're going to remove. It's always radio-silence until we actually remove the case, then they can't sign the stipulation fast enough.

    I am about to file my 5th removal this year, and the instant we file, Pltf Counsel will come back and stipulate his damages don't exceed the federal diversity threshold, and agree to cap them at $75K. It's all so fucking stupid.

    Then, when I tell my partner it's fucking stupid/frustrating, "well, it's just part of your job. We're creating leverage."

    GTFO
     
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  4. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
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    That sounds like a monumental waste of time and resources in an attempt at efficiency.
     
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  5. BamaNug

    BamaNug Half is a lie, but the good part's true
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    Alabama Crimson TideAtlanta BravesNew Orleans Saints

    Exactly. 90% of the time, removing a case is filling in forms, but it's a lot of paperwork that you need to be fucking perfect before filing in Federal Court. So it's boring and tedious. And I have a lot of other substantive shit to do.

    I hate this fucking job.
     
  6. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    I bet federal judges fucking hate it, too.
     
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  7. herb.burdette

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

    I can’t remember the last time I saw a state court filing that did not name at least one nondiverse defendant.
     
  8. CF3234

    CF3234 Fan of: Bandwagons
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    Just had a federal judge make my argument for me to remand a case back to state court because they had no interest in hearing a 1st party property case.
     
  9. Sammy Meatballs

    Sammy Meatballs Pete Gelding
    Donor
    Alabama Crimson TideArsenal

    I just filed my first one in forever because of this recent georgia Supreme Court decision that lets us avoid apportionment in cases brought against a single defendant. I’m interested to see if they actually remove me or not.
     
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  10. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    I defended some shitty general liability case a few years ago where the client asked me to remove the matter to federal court. I begrudgingly attempted to because I fucking hate federal court. I receive a sua sponte order from the judge indicating that there was a defect in my petition for removal and giving me like 12 hours to fix it. The judge doesn’t tell me what the defect was, mind you. So I went over to my then-partner at the time who did more federal work than I did and asked to borrow a template for a successful removal petition he had used. I spent the rest of the night and next morning dotting every i and crossing every t to make sure my petition matches exactly the way my partner’s previous successful petition did, and I file it timely.

    A day later I get a 12-page order denying my petition for removal. The basis? I used the word “resident” instead of “citizen” when explaining why there was diversity. The order was unappealable. Fucking asshole.
     
  11. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    That's a big one for them. Not the first time I've heard of that happening.
     
  12. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    I was honestly glad to be bounced out of federal court, but at the time was shitting myself over potentially losing the client over it.
     
  13. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    So these lawyers will stipulate that there case is worth $25k less just to avoid federal court?
     
  14. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Shit, I see that surprisingly frequently.

    Screenshot 2021-09-01 154613.png
     
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  15. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Just shitty plaintiff lawyering in my opinion. I'd rather be in federal court. Judges are more responsive and get opinions out faster, quicker trial dates, the judges are smarter most of the time, more law clerks pushing out opinions/rulings, less bull shit politics. I'm all about it. Not as big on the requirement for unanimous juries though. But I can live with that.
     
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  16. BamaNug

    BamaNug Half is a lie, but the good part's true
    Donor
    Alabama Crimson TideAtlanta BravesNew Orleans Saints

    90% of Plaintiff's lawyers I deal with don't like to "work."

    I have multiple Pltf lawyers that use their client's depositions to learn about their case.
     
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  17. CF3234

    CF3234 Fan of: Bandwagons
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    And this case just settled for my biggest settlement yet. I may need to send this judge a gift basket.
     
  18. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
    Donor
    New York GiantsNew York YankeesAtlanta UnitedUCF Knights

    I have NEVER done this.
     
  19. BamaNug

    BamaNug Half is a lie, but the good part's true
    Donor
    Alabama Crimson TideAtlanta BravesNew Orleans Saints

    Saw this all the time in AL.

    A few years before my time, but I believe Cunningham Bounds tried to make the argument that a wrongful death case doesn't "automatically" exceed $75K, went to the AL Supreme Court and they said as a matter of law, a wrongful death case meets $75K.
     
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  20. herb.burdette

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

    Its been a while, but I have successfully argued that judicial estoppel precludes a plaintiff from claiming more if plaintiff opposes removal on amount in controversy.
     
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  21. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Had another rail road case come in and I'm reading through federal cases in MS regarding preemption and FRSA. I could be wrong, but I didn't think preemption is the same thing as immunity. I thought preemption just means that federal law supersedes state law. I understand that if the crossing has been federally funded , preemption will apply, regardless of whether the funded crossing met certain standards of care for maintenance/design etc. But I'm not seeing a federal statute or case law that says defendants operating grade crossing are immune from negligence claims based upon failure to maintain and properly operate the crossing. I understand that state law negligence claims will be dismissed if preemption applies. But aren't there federal statutes requiring a standard of care for maintaining crossings?

    We are a pure comparative fault state, so even if there is a duty on the plaintiff to stop and look both ways etc , federal district courts have found that the engineer still has a duty to avoid the collision, and have ruled that is a jury issue precluding summary judgment. Variables not subsumed within warning signal requirements and train speed limits, such as an overgrowth of vegetation, may be considered by a jury to determine a defendant's negligence under state law.
     
  22. Sammy Meatballs

    Sammy Meatballs Pete Gelding
    Donor
    Alabama Crimson TideArsenal

    Anyone here ever dealt with Nautilus insurance and care to enlighten me why they’re so terrible?
     
  23. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    They got into the med mal game for awhile and hired an adjuster I used to work with at a different company. That adjuster tried to get me on panel and they wouldn’t do it. So I guess I should now consider that a compliment.
     
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  24. wes tegg

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

    Look at CSX v. Easterwood and Shanklin v. NS for an explanation of preemption. It's not the same as immunity, but if it's subject to the FRSA, then your state law claim does not exist. Your only shot, really, is to fall outside of the scope of federal preemption. Vegetation, crossing surface/design, (sometimes) signal and signage maintenance, private crossings, and train crew failures (i.e., failure to keep a proper lookout) are where you can all outside of it.
     
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  25. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I'll take a look at it , but are there no federal laws or regulations requiring a standard of care ? Why not just proceed on federal negligence claims?
     
  26. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    You can, if you can prove that the railroad failed to meet a specific FRSA regulation. Those are just harder to prove when they can show that the specific crossing was inspected by federal agent weeks before and/or immediately after.
     
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  27. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    How much you think it costs to take one of these bad boys to trial with experts and all the depos. $100k?
     
  28. Sammy Meatballs

    Sammy Meatballs Pete Gelding
    Donor
    Alabama Crimson TideArsenal

    I feel like I am speaking a completely different language than their adjuster.
     
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  29. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    I don’t really know. The ones I defended were disposed of by summary judgment or settled.
     
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  30. BUstang

    BUstang Lawyer

    Perfect synopsis.
     
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  31. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    I was relieved to see that it wasn’t a certain well known former client of mine, though I can’t rule out that he was one of the 7 surgeons listed on the indictment as having received kickback money.
     
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  32. Sammy Meatballs

    Sammy Meatballs Pete Gelding
    Donor
    Alabama Crimson TideArsenal

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  33. bertwing

    bertwing check out the nametag grandma
    Staff Donor
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    Roush?
     
  34. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Two vehicles were at fault for wrecking into my client. One of them wants to tender limits and get released. The other disputes liability. Can you take the money from one of them and release them ? My instinct is not to because if you can't get the other at fault party to play ball then you need to sue them all and have them all as parties. If you release one of them then you can't get them to participate as readily in the litigation in terms of depositions or showing up for trial. Right? They'd still be subject to subpoena I suppose.
     
  35. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    Nope. But I’m equally surprised he’s not on that list (that we know of).
     
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  36. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    I'd take the money now. You'll have an empty chair at trial, but you'd have a bird in the hand and a shot at another in the bush.
     
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  37. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    It's actually a weird scenario. 80 something year old lady is in one car and her son is in the other. My client says 80 something year old lady isn't paying attention, sees my client stopped at a light, slams on her breaks, tires squeel, skid marks etc and hits her. Then her son who also isn't paying attention slams into his moms car which causes her to hit my client again. Mom and son are both insured by USAA. Son's adjuster wants to tender limits. Mom's adjuster says mom stopped in time and isn't at fault at all.
     
  38. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Yeah, take that money and tee up the case against the mom. What are they going to do? Put the mom on the stand to put everything on her son when your client testifies that there were two impacts? That'll be very endearing to the jury.
     
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  39. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I have PTSD from a case years ago where I let a party get released and I later really needed said party and their attorney wasn't cooperative in producing them (said party was a 19 year old kid that decided to go into military service and there is some act/law saying military service members are exempt from subpoena under certain circumstances or something). But I think you're right.
     
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  40. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Do they have the same policy limits?

    Also, if the son doesn't cooperate in his mom's case that probably helps you.
     
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  41. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    And I'll pay you $100 if show me in a trial transcript where you say "Negligence runs in the family."
     
  42. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I'm not sure. USAA actually closed the claim against the mom in March thinking that the mom was totally exempt from liability. Then the USAA adjuster for mom left USAA. None of that was communicated to me and I sent a demand in August that was lost in the system and never processed. Called today and was like yo I'm gonna need yall to pay some money on behalf of mom. New adjuster assigned and we'll see what they say.
     
  43. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Signed up 5 new MVA cases today. That might be a one day record for me.
     
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  44. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I just got walmart to pay $37,500 on a case with $2500 in meds
     
  45. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    I've been fighting over indemnity in a really bad leg off case for the year since we were amended in as a defendant. The company who should be indemnifying us has just flat out refused to accept or deny our tender for a year. Earlier this week, I got the news that they were making a settlement offer to plaintiff that would include us if we'd punt on the defense costs. My client agreed, and I got the news today that the case settled. My client got out of the case for my relatively minor bill. It's not often that I get surprisingly good news like that, but I'll take it.
     
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  46. El Tiburon

    El Tiburon Well-Known Member
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    Florida Gators

    Congrats on billing $150k with no exposure!
     
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  47. Gallant Knight

    Donor
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    Just catching up here

    We’ve had like 5 cases removed to federal court over the last couple of years. We worked up the first one and after that decided to never do that ever again.

    we referred out a Walmart case on Wednesday this week that was removed last Friday
     
  48. CF3234

    CF3234 Fan of: Bandwagons
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    Heading into a mediation on Monday. Getting low balled by the insurance company. Had a pre-mediation conference with the mediator today who was shocked that they hadn’t settled yet because I have video of the leak on day of loss, water spraying everywhere and their denial is based on nonsense. Probably buttering me up, but I’m in good shape here.
     
  49. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    MVA client threatened to fire me earlier because I said I couldn't turn over the $ for her medicaid lien to her for her to pay at her own discretion. Still might fire me. :facepalm:
     
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