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Discussion in 'The Mainboard' started by Jax Teller, Apr 8, 2015.
feeling relief or wish it would have gone forward?
Only 2.5 years old? The one I’m trying first week of may is from 2015
well given that we are 3 days away and we just filed everything with the Court, probably wish it was just over with. I still believe it should settle via stipulated judgment but I am sure it won't. At least we will have done a good amount of work on it when it comes back around later this year. Curious to when it will be reset.
At the same time, I've got a PTCF in the federal trial today and can switch my focus to that.
my god. Why the delay?
Federal trial was filed in 2019. can't imagine another 2 years of delay.
Don't think I've taken a case that's zero impairment / value. I've tried taking those before to see if I could get TTD or low % settlement, but the fees aren't worth the investment for medical/expert proof, and the carriers make you file, which isn't worth the time/expense. I reject any case where wages are low or impairment rating is likely to be low, even if causation is solid. I'm always using the same rotation of IME doctors, so I pretty much can guess an impairment rating / value from intake.
Lots of cases in Harris county
bUt TrIaL iS sO mUcH FuN
Sorry, had to snag the low hanging fruit.
Eh, I still try 6-8 a year.
6-9 would have been nicer.
Gotta say I’m looking forward to both of my trials next month. Both against Allstate in house lawyers who inherited the files and haven’t looked at them.
Was able to watch the opening argument of one of the layers yesterday (they’re streaming a lot of trials here) and he used the typical accidents happen defense
I really hope he tries to do that when in our case where my client was hit in a crosswalk in her motorized scooter
She shouldn’t have been scootin’ there.
They still haven’t paid for her property damage. Cannot wait to get into that in voir dire
Is anyone following this Johnny Depp v. Amber Heard case? Depp's lawyers' opening was terrible. They read the whole thing.
Any link to video or article describing it?
Starts around 36:00.
I watched some of the video before I saw this post and was in the middle of typing that Heard's lawyer seemed extremely unimpressive. If that guy is a lawyer to a mega rich superstar, I think I've massively underestimated my potential.
He was much better than Depp's lawyers. At least he didn't read his opening.
Do any of you guys have experience with FOIA requests? Would it be possible to get witness statements from federal agencies?
What kind of agency? You might need to do a Touhy request instead.
I dont think you’re going to get a witness statement via FOIA.
FBI, US Parks Services, and the Tennessee Bureau of Investigation.
You are going to run into a host of issues with the first and third entity. Are you in litigation?
No, not at all. The info in question is like 45 years old, but it is r/t an active case.
Ah, you mean old witness statements that are in a file? If your aren’t in litigation, start with FOIA. You might not get that far though.
yes, looking for old witness statements in case files. Any tips? Brandon Chicken.
Just got done with jury duty
some dude representing himself
he tried to adversely posses someone’s house-broke a window and changed the locks and was arrested within a few hours
I don’t see that going well for him
I once had to intervene in a case involving an agency enforcement action in federal court against a policyholder. Once intervention was granted, I served discovery upon the agency and policyholder on some coverage-determinative issues.
The republicans shut down the government and the attorney for the agency deferred answers because he said everyone was furloughed.
Once they reopened, he settled and claimed the agency no longer had to respond to discovery and then raised a bunch of Touhy objections based upon agency discretion that in no way mirror standards under the federal rules.
Fortunately, I had a crusty old judge who read them the riot act.
Just got a comp case settled a settlement conference with Judge and OC where employer/carrier probably would have only paid low $40ks lump sum, but my client didn't mind getting paid weekly or monthly over a long period of time, so my client ended up getting $50k with an annuity paid in monthly installments over 4.5 years and the carrier is happy because they saved money. The judge thought it was brilliant and said she's going to start bringing that idea up more. Typically my folks want a lump sum but I'm going to start bringing it up more as well. My 25% will be a lump sum though.
There can be significant tax advantages to a structured settlement for the plaintiff as well, like converting some of the damages to tax free income.
It’s also great for plaintiffs who are going to have every long lost relative asking for money once they find out about a settlement. Sorry, I get paid over 15 years and I only have $10 grand now, enough to buy this truck.
KY sucks and requires weekly payouts, and ALJs can't compromise on proof. Either win big or lose big because they can't split the difference. Are your judges allowed to award lump sums?
Sorry. Busy day.
I’d start with a phone call. See if you can talk to someone that can tell you what you need to do. You may find out they don’t release the documents you seek absent a court order. They might have a form or something you need to complete or they might just tell you to send FOIA request.
The judgment will be for instance 450 weeks of indemnity payments at their comp rate of $500. The claimant can them file for a lump sum payout and the carrier gets to discount it to present value.
My level of motivation heading into Easter weekend is about a 1/10 maybe 0/10. I've been here over an hour and have gotten almost nothing done.
Baby boomer lawyer calls yesterday, I say take a message.
“defense lawyer was calling about the electronic data requested, he wants to know how to produce it”
my rpd has step by step instructions on how to export it, how it exports to .csv, and to please produce me the .csv file.
Todays mediation. OC is a boomer who doesn’t understand how my insured paid for the repairs to his home in crypto. He’s absolutely refusing to acknowledge that my client paid 50k to fix his house after a drunk driver ran a car into it because he’s a poker player and he’s clearly committing some kind of fraud by paying in bitcoin.
My firm doesn’t take Easter off, so I don’t have this feeling.
Easter is on a Sunday.
My last four mediations have been an impasse. I’m so fucking tired and so fucking annoyed. None of them were even close.
i make my employees work on easter sunday but i let them off around 630 so they can make an evening service is they want to
but actually closing the office today at 330 to let them get a start on the long weekend
We always close for Good Friday . I’m Jewish but I’m still down with any time away from the office. Also Passover is on Good Friday this year. So I needed to drive back to AL for that tomorrow anyways.
yeah idgaf about easter but i am extremely down to take 3 day weekends and most of the law firms in texas are closed tomorrow
Ya no shit. Sometimes Christmas is on a Sunday too!
We we not technically closed tomorrow but I won’t be here.
Which court and what time will y’all start
20-year-old client worked for a company that built poultry houses. A cord snapped on an overhead pallet of lumber on a boom lift and dropped several hundred pounds of lumber onto him. Shattered numerous bones and he was paralyzed for months before regaining feeling and learning to walk again. He still walks with a cane and is in constant pain.
Employer didn't have worker's compensation insurance and didn't pay for a dime of medical care or compensation. Client was determined to be disabled, but he didn't have enough work credits to get full disability so he's only on SSI getting a few hundred dollars a month, and he'll never work again.
We filed suit and the employer declared bankruptcy. After three years of dealing with that, the employer's assets were liquidated and the client's pro rata share was only $9,000.
And he could not have been more grateful for it. Made me choke up a bit.
Perspective, I guess.
They had no kind of insurance covering the loss? That is awful.
Im not sure how it is in south florida or in med mal but the new msj standard and the supreme court screaming at the judges to clear dockets has lead to a massive uptick in impassed mediations for our firm. Judges are granting msj's left and right and defense firms are feeling invincible.