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'd say the most prime way to get fucked by federal rules mostly revolves around experts. I'd read the shit out of Rule 26. And most of the ways to get fucked impacts plaintiffs more than defendants but
    (1) treating docs have to actually have reports
    (2) have to provide fee schedule, reports, all cases within x years, etc for all experts
    (3) rebuttal witnesses have to be provided within x number of days of other side designating experts
    (4) certain rules for getting subpoenas issued
    There are all sorts of ticky tacky rules for discovery motions, setting up the case management conference, etc that won't get you tossed out of court but may get you a nasty gram or a snide remark from a magistrate.
     
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  2. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    There are also some funky federal rules regarding amending complaints and substituting in fictitious parties. I'd read over Rule 15 and 19. If that issue comes up I'd look into whether the amended complaint or the substitution relates back. It might not and the SOL could have run . There is a circuit split on that. Sometimes a plaintiff can get fucked there as well. If that issue comes up let me know I have some cases pulled and maybe a brief on that
     
  3. bro

    bro Hey Hermano
    Donor
    Tennessee VolunteersLos Angeles DodgersBuffalo BillsBuffalo Sabres

    Update:

    we have filed a motion (that will lose but figured it was worth continuing to preserve our appealable issue) requesting an 8-day trial and for the court to allow us to endorse damages experts.

    for now, we are proceeding on a 5-day trial. Just got trial dates back from the Court:

    February 6, 2023
    March 13, 2023
    April 10, 2023

    :laugh: Could be going to trial 360 days from our April 18, 2022 trial date, which was already continued from November 2020. Prejudgment interest gonna get out of control.
     
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  4. Oranjello

    Oranjello Well-Known Member
    Donor
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    ew no
     
  5. herb.burdette

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

    There are almost no undergrad majors for insurance claims adjusting either.
     
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  6. Welcome to every case in Harris county tx

    My case that’s #3 on the trial docket in 2 weeks is from 2015 and we’ve called the court and it sounds like it will be reset to the summer
     
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  7. Senator John Fudderman

    Senator John Fudderman Absolute Unit
    Donor

    Did you guys know that the fiction of ex parte young allows prospective injunctive relief for suits against individual state officers to enjoin them from violating federal law? because when state officers are violating federal law, they are presumed to not actually be acting on behalf of the state

    and it's not even barred by sovereign immunity

    crazy, right
     
  8. bro

    bro Hey Hermano
    Donor
    Tennessee VolunteersLos Angeles DodgersBuffalo BillsBuffalo Sabres

  9. Pigproquo

    Pigproquo Well-Known Member

    Anyone ever had dealings with Marcus Evans, the corporate litigation counsel networking firm? Good, bad, worth it?
     
  10. Bricktop the white

    Bricktop the white Well-Known Member

    have a pre-trial conference scheduled for 1:30

    Turns out its some giant cattle call and there's 50 lawyers on a single teams call and the J.A. gets on at 1:40 to let us know that the judge wont be here for another hour.

    cue 50 lawyers all losing their shit
     
  11. wes tegg

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

    Shit, that happens to me like once a week. I drove 2 hours for a docket call last week and they held a portrait dedication ceremony for a retired presiding judge before starting. There were speeches and everything.
     
  12. herb.burdette

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

    In most Kentucky courts, there is one motion day during which all oral arguments on all motions are heard. You may be first, you may be number twenty three. Bring some work to do with you.
     
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  13. Z

    Z Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    Brutal. I love it.
     
  14. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Do you get to bill for that?
     
  15. wes tegg

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

    Yes -- if I'm there, my clock is running. Most carriers and a lot of self-insureds cut travel time now, though.
     
  16. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    Here’s a first for me:

    Client comes to the office for a presuit unsworn statement related to the death of her husband. She gets really emotional talking about it and asks for a break so she can walk outside to get fresh air. On the way back into the building she trips on the curb and hurts her knee. She was taken to the hospital via ambulance.
     
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  17. 941Gator

    941Gator TMB's resident beach bum
    Staff Donor
    Florida Gators

    The easiest ambulance chase of all time.
     
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  18. bertwing

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

    You better lawyer up bub!
     
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  19. BamaNug

    BamaNug I'm a good man, shakin' hand, firm grip rule
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    hope you put your carrier on notice
     
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  20. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Along those lines I got a call from a PC once that was at an insurance defense office for a mediation, was in the conference room, their chair broke and they fell to the floor, and they were claiming a back/neck injury.
     
  21. CoastalOrange

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

    I'm catching up on this thread but I've started having to use "will" over "shall" because some attorney argued, seemingly successfully, that they are different and that attorney's company got out of some of it's obligations. Annoying but I actually prefer it.
     
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  22. Oranjello

    Oranjello Well-Known Member
    Donor
    Green Bay PackersGrateful DeadMississippi Rebels

    I've reconsidered my use of "shall" as well and try to use "will" when it's more appropriate

    Nerd alert
     
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  23. bwi2

    bwi2 Not affiliated with BWI
    Donor
    Duke Blue DevilsWashington NationalsArsenalUSA Basketball

    “Will” is good

    “Must” is better
     
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  24. MORBO!

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

    “Absolutely fucking has to…”
     
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  25. have a trial on 5/9 that you can stream. can't decide if i want to post the info or not
     
  26. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    You know what sucks? Getting fat and having to buy new suits
     
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  27. CF3234

    CF3234 Fan of: Bandwagons
    Donor TMB OG
    Miami HurricanesMiami MarlinsMiami DolphinsFlorida PanthersTiger WoodsInter Miami CFGame of ThronesMiami Heat

    managing attorney called me today. They want to settle the indemnity portion.

    still a ways to go, but damn it feels good to finally see them raise the white flag on this case.
     
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  28. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Do you ever have days when it feels like admin and other non work stuff takes up more time than actual work and trying to make $?
     
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  29. CF3234

    CF3234 Fan of: Bandwagons
    Donor TMB OG
    Miami HurricanesMiami MarlinsMiami DolphinsFlorida PanthersTiger WoodsInter Miami CFGame of ThronesMiami Heat

    All the time.
     
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  30. BamaNug

    BamaNug I'm a good man, shakin' hand, firm grip rule
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    I actually have clients of my own now (signed up three this week!) and this part is not fun. But I got some sweet invoices and engagement letters finalized.

    Now just need to get back to Mexico and save some of this dough instead of paying $7 for an IPA in Seattle.
     
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  31. BUstang

    BUstang Lawyer

    I have a mediation in a pre-lit 18 wheeler death case today. Horrible circumstances but truly a great family/deceased. I suspect they'll just be asking for a haircut today but who knows.
     
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  32. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    BamaNug Had a fed ex commercial vehicle death claim come in today. Happened in MS. Go ahead and forward me over the policies and procedures.
     
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  33. BamaNug

    BamaNug I'm a good man, shakin' hand, firm grip rule
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    Do you know which Fedex entity? Ground, Freight, Corp, etc?
     
  34. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Referring firm has a conference call with us in the morning. Should be finding out a lot more.
     
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  35. Oranjello

    Oranjello Well-Known Member
    Donor
    Green Bay PackersGrateful DeadMississippi Rebels

    Just asked my boss (the client relationship partner) if we could fire a fairly lucrative client. Told him I’m uncomfortable with the tax advice I’m being forced to give. First time I’ve made this request, curious to see how it plays out.

    Shitass client then scheduled a call for 7:30 AM Monday morning.
     
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  36. Sammy Meatballs

    Sammy Meatballs Pete Gelding
    Donor
    Alabama Crimson TideArsenal

    Just had someone from middle of nowhere South Georgia tell me his first date for scheduling anything is last week of July.

    there’s not enough cases in his 5 county area, much less his office, to be that busy.
     
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  37. bro

    bro Hey Hermano
    Donor
    Tennessee VolunteersLos Angeles DodgersBuffalo BillsBuffalo Sabres

    nothing like defending an individual in a MVA case where the tire popped, which brought the tire manufacturer into the case, thus subjecting us to 5-7 depositions on tire experts. Today has been 7+ hours for the tire x-ray expert. riveting stuff on a Friday
     
  38. Did you ever try those cases
     
  39. bro

    bro Hey Hermano
    Donor
    Tennessee VolunteersLos Angeles DodgersBuffalo BillsBuffalo Sabres

    the one on the 18th got pushed to February 2023. I have the 3-day trial starting May 9th. I haven't detailed what that one is about. Much smaller water property damage case with one remaining claim (statutory bad faith).
     
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  40. bro

    bro Hey Hermano
    Donor
    Tennessee VolunteersLos Angeles DodgersBuffalo BillsBuffalo Sabres

    it is in federal court, which is unique for a first trial I imagine. At least I don't have to drive an hour each way every day like I was going to have to for the April 18th case.
     
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  41. Got an email Monday around 9:30am from trial coordinator that we are set on 5/9

    defense lawyer emails coordinator and us at 3:30 this afternoon saying he has another setting that week and asking to move the trial

    awesome
     
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  42. Sounds like they’re going to tell the defense lawyer tough shit
     
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  43. Bricktop the white

    Bricktop the white Well-Known Member

    had to go to an in person depo today.

    [​IMG]
     
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  44. MORBO!

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

    Just had a defense attorney insist that he will only do a deposition in person. I told him that was dumb and pointless but I’m scheduling it to make sure he has to drive through Atlanta rush hour traffic just so he can get that extra billing since that’s obviously the only reason he cares.
     
  45. Bricktop the white

    Bricktop the white Well-Known Member


    This OC drove up yesterday (5 hour drive) and stayed in a hotel. We are now *3* hours into a depo and she's still in his job history and not asking about anything related to his current case.
     
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  46. Bricktop the white

    Bricktop the white Well-Known Member

    Apparently all of her clients are demanding in person depos to try and force people to settle rather than fly/drive to show up for their depos.

    Call me crazy, but I think there's a different way to increase settlements.
     
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  47. wes tegg

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

    Obviously it depends on the witness and the case, but zoom depos can really suck. If there’s any real exposure, it’s pretty irresponsible when live is an option.
     
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  48. ukcats8

    ukcats8 smugapari
    Donor
    Kentucky Wildcats

    Care to explain why? I don't see why it matters.
     
  49. bro

    bro Hey Hermano
    Donor
    Tennessee VolunteersLos Angeles DodgersBuffalo BillsBuffalo Sabres

    I find that sometimes it matters. Most of the time, it does not, imo
     
  50. preferential setting on 5/9 and i guess we are #3 in another court on 5/10

    what a clusterfuck