It's pretty awful stuff. The good news is that my legal assistant put in her two weeks notice last week, then decided she wasn't going to come in today to take a mental health day. Glad I'm moving on this from this saga and I look forward to another prolonged episode of "Disappointing MORBO!"
Not much happened at work today, this was probably the highlight: Paralegal: Adjuster is on the phone on the [insert name of client]'s case, you want take the call? Gump: Sure Adjuster: Calling you on the [insert name of client]'s case. Gump: Scrambles to pull up the file, can't remember that client, and gets the client confused with another client: "Go ahead I'm ready" Adjuster: We're offering limits, that was a nasty cut above the eye, we have minimum limits. We'll send check and release. Gump still not remembering the client or their case and confusing with another client: "Ok sounds good thanks." Hell, I'll take it.
have a case where we were offered 65k in august as an opening offer for a client who has a 60k hospital bill. it is one of my legal assistants friends, so when the case settles she is due a healthy bonus instead of trying to negotiate the hospital bill or really do anything at all on the case, it's just sat for 10 weeks so i've spent the last 3 hours trying to figure this out awesome
I'm trying to get a settlement approved in Arizona with a minor and the minor lives in Texas. I want to blow my brains out.
I got a call on a tremendously fucked up case, but the doctor isn’t insured and the people who own the surgery center are some of the dirtiest scumbags I’ve ever encountered on either side of the bar.
I can't remember if I told yall about the case where the guy goes into the hospital with a heart attack. They put a catheter in. Instead of expanding the balloon in the bladder, they inflate the balloon in his urethra. AT some point they stuck the catheter through the bladder wall as well. We figured that out by asking for the scan itself after they originally placed the catheter. Gave it to a radiologist who noted the catheter was through the bladder wall. He keeps having blood all around his catheter site, and blood in his urine . They have to do a procedure to repair the bladder perforation. He's in the hospital for weeks with bloody urine and blood catheter site. AT one point after they repaired the bladder they inflated the balloon in the urethra again. Traumatized his urethra. Case was capped at $500k. He didn't have much damages after he got out of hospital. He claimed he had retrograde ejaculation and problems going to the bathroom but did basically 0 treatment for it. Settled for $245k. I focus grouped it. Only got 4 focus group participants that day . Asked them about general damages. They awarded $1M $1M $300k $1. The guy that awarded $1 said it was a grievous injury but shit happens and it wasn't anyone's fault.
So here’s a potentially dumb question, but I have it anyway. If you have an FTCA case against the VA and most of the subsequent medical care was also performed at the VA, are those bills considered an appropriate element of the decedent’s damages?
There is a case here that says if the same facility that caused the damages then writes off their own medical bills flowing from the alleged incident, Plaintiff can't claim them as economic damages. And defense counsel almost always will write these bills off. Do yall have something similar? Stated otherwise I think they'll write them all off once you make the claim.
In my negligent security case with my least favorite defense lawyer of all time, I went back through my file last night and realized that a recording I thought was of a police officer only actually turned out to be a recording of the police officer, the defendant’s PI, and another defense lawyer. They were talking about an eye witness they had to the shooting but who wanted to remain anonymous. the story they told the police that this eyewitness would say completely contradicts almost every defense they’ve had in the case. they have never told us about the eyewitness. Never disclosed them in anything. Never mentioned a statement. They said what type of car he drove when talking to the police and I managed to find it on body cam footage. Now I’ve got the witness’ info. I’m thoroughly excited to hear how they explain this to our federal judge.
kinda a silly question for the thread, but giving what we spend our days posting about outside of this thread, has anyone considered or tried to take their law degree / experience into professional sports? wes tegg 's oddly written thread title about dream jobs got me thinking about it and if anyone has pursued it.
i did look at it at one point. it seems like you either have to know the owner and/or be a big swinging dick to actually work for the team itself. most of the time they farm shit out to white shoe firms. it's basically impossible.
was in a breakout room with a mediator, fred loya lawyer and me. the fred loya lawyer was offering like 10% of my medical bills and lecturing me after lecturing the mediator about how the bills were too high and how when he sees a case continued that no one actually wants to try it etc etc just would not stop. i eventually asked like did you ever plan on presenting an offer where i could like even somewhat realistically settle the case. and he just started lecturing us again i legit just pressed X and left
What do you want to do? Here are the requirements if you want to work for a team: Know the owner Graduated from an ivy league law school and know someone who knows the owner. Requirements for being a successful agent: Be ready to be a glorified secretary for athletes and one of, Have a SHIT TON of start up money to "bribe" draft picks to sign with you (The Rosenhaus Plan) or Have a best friend who makes it to the league and is willing to let you be their agent. (The Clutch Sports Plan) I know plenty of people who became agents that are barely making ends meet and are absolutely miserable.
We had Pat Dye, Jr. come talk to our 1L class one year -- he repped a bunch of AL and AU coaches and players, some big name guys. It was basically just him telling stories. At the end of class, someone asked him, "what would your advice be for someone trying to make it as a sports agent?" Answer: "if your dad's not a famous football coach, or you know somebody, it's pretty tough."
Guy would not shut up about how badass his experts were and these affidavits he was planning on filing The deadline was a year ago
Ah yes that reminds me that the defense lawyer thought we were making a demand over their 30/60 policy limits because we have two clients and our demand was $27k for one and $17k
It depends upon what you do. I have a friend from law school who practiced IP/Trademark. He left a big firm to work for the Ohio AG, where he advised Ohio public schools on those issues, and now his practice is to advise colleges on IP/Trademark issues. I had an insurer client that had a sports and entertainment division that kept me busy from 2010-2015, but they sold it. I was involved in NCAA head injury litigation, adverse to a couple of NFL teams in actual lawsuits on other issues, and had a mix of other coverage claims arising from underlying liability claims against teams/leagues.
I'm guessing that in any case where an employer refuses to report an on the job injury to the carrier (typically for fear that comp premium will rise) , even if you were to prove bad faith against the employer in a tort claim and damages for same, the carrier wouldn't cover something like that, correct? Because that happens all the time. Very rarely do I see comp claims where the carrier itself just flat out ignores or in bad faith refuses to provide comp coverage.
Nobody cares what employers or insurers do in workers comp. Now, just make sure your claimant, a laborer for their entire life, was in pristine physical condition with nary a bulging disc or degenerative anything before they sustained their injuries and we’ll be okay.
You can pop carriers with 7 figure verdicts here if they clearly frivolously refused to pay a claim. It happens, just doesn't happen a ton. But yah, I hear yah on claimant's getting the short end of the stick usually.
In Georgia your best case scenario for an unreasonable defense is a few grand in assessed attorney fees. I’m talking like $2,500 to maaaaaaybe $10,000 if you’re lucky. But 85% of the time the judges are like “yea…I’ll say that wasn’t unreasonable.” Edit: Meanwhile, your client has had zero income for a year, no medical treatment either. Very cool system that doesn’t fucking suck at all.
I know we discussed FELA and railroad injuries in here recently. I am reading a biography on Theodore Roosevelt and found it interesting that when he returned to the US after his Africa tour which was after his 2 terms as president, he had a very public sparring match regarding his support for workers' compensation rights and enforcement of FELA versus Connecticut Supreme Court Justice Simeon Baldwin who later was governor of Connecticut who was pro corporation and limiting workers' compensation actions against employers. They would both make syndicated speaches and publish articles in widely circulated magazine and newspapers on the topic and fought back and forth over the issue. I can't imagine workers' compensation being a sexy political topic in today's society or one that a former president would go to bat over.
Pltf guys -- the fuck is the point of filing an absurd, 20-page ridiculously inflammatory Complaint? Just for kicks?
obviously no point in that. Is it a notice pleading state? I try to plead with particularity or basically plead myself past a motion to dismiss for failure to state a claim
No, Oregon. I just don't get the point of putting allegations on FedEx's business income, profits, revenue, how many states they operate in, etc. It's so dumb. But, it is this guy (he's a fucking chiropractor, not a doctor): Spoiler
Agreed non of that stuff is relevant to the complaint. Income is relevant to punitive damages in MS. But that doesn't give you a reason to throw all of that into the complaint.
Sounds like a huge waste of time we generally amend once we get close to trial but our original petition is like plaintiff in a car wreck. Defendants fault. Pay us for these things
I file the most bare bones notice pleading possible. i have someone who has a companion to a negligent security case of mine and I’m currently trying to unwind all the dumb fucking stuff he put in the complaint. He put all kinds of stuff in there about how the two of them and their friends always complained about the crime, even though equal or superior knowledge means we lose.
The best thing I’ve seen is a hyper-specific verified complaint. Why on earth would you marry your client to testimony before any discovery is done?
because you’re a fucking idiot who really wants everyone to know you’re a lawyer is usually the answer
Why would you amend closer to trial? That's not a thing here. Once they file an answer you have to get the court's permission to amend. If you wanted to change what you're asking for regarding damages or theories of liability, why not just supplement your discovery responses?
On the plaintiff's side, having surveillance footage of the wreck is so great. Pictures of what looks like a normal fender bender never do it justice.
Need to vent if y’all will humor me. Working a subro case where one of the defendants didn’t respond to RFAs served with the complaint. Didn’t move to withdraw the admissions until 7 months after responses were due (after we told buddy that we can’t let him out bc of the outstanding admissions). Should this go to trial, said defendant probably gets off light, so we’ve been trying to settle on appropriate terms so that there’s no empty chair. Two days before response to motion to withdraw admissions is due, my boss’ dad dies. Asked for a 3-day extension, counsel refused.
My client during depo prep: No, the roof hasn't had any issues for 6+ years prior to Tropical Storm Eta (Nov 2020) My client during depo: Right here on my phone I have a text message from my tenant complaining of a roof leak in August 2020 that I haven't fixed yet. Me: And she won't stop talking about it.