Lawyer thread

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

  1. DrTomOsbourne

    DrTomOsbourne Fully Husked
    Donor
    Nebraska CornhuskersTampa Bay Lightning

    Hey all, question for the group.

    I work for a non-profit. In my interview I said that I wanted to create a program to get fathers more engaged in their children's lives to help end abuse cycles (you may have seen my posts in the dads group). I got the job obviously and I have started work on this new program, and people love it. In fact, we haven't even officially started and we are finalizing a 100k donation from a family that absolutely loves the idea.

    My question is... say this takes off, say this program spreads. Who owns the program? I've named it (with help from here), I've created all the logos and graphics, etc etc. But if I did it as part of my job, would it belong to my work?
     
  2. wes tegg

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

    Read your employment contract.
     
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  3. Brandon Chicken

    Brandon Chicken Chow Time
    Donor

    Even if not addressed in your employment contract, your employer has a strong argument that it paid you to create the program so it owns it. Not exactly apples to apples but similar to the work for hire doctrine in copyright law.
     
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  4. DrTomOsbourne

    DrTomOsbourne Fully Husked
    Donor
    Nebraska CornhuskersTampa Bay Lightning

    I dont think we have contracts? I don't remember signing one.

    To be totally fair it's a very small organization. I don't think they would stop me from going anywhere, nor do I plan on leaving. I was mainly just curious.
     
  5. Ray McKigney

    Ray McKigney Feel my ubiquity
    Donor
    South Carolina GamecocksAtlanta BravesCarolina Panthers

    so you never signed anything? Non compete/non solicit / IP ownership agreement? Considering you work for a nonprofit, that’s not surprising, but the IP ownership language would be in those type documents
     
  6. Oranjello

    Oranjello Well-Known Member
    Donor
    Green Bay PackersGrateful DeadMississippi Rebels

    I work with a fair amount of non-profits on tax exempt matters, and “we don’t have contracts” is so on brand it hurts
     
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  7. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    That feeling when you turn down a case that you had misgivings about signing up initially and grew to really dislike the client :feelsgoodman:
     
  8. adjuster offered 100k on the phone for a case. i accepted. i emailed her drafting instructions

    she calls back monday and tells my staff oh i mightve jumped the gun i don't have 100k

    emailed her and said you offered it, i accepted it, and i sent you drafting instructions. you have until friday to cut the check or i'm suing you personally and farmers and asking for 3x damages and atty fees

    followed up twice and she's ignored it.

    lady ignoring it wont make it go away
     
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  9. wes tegg

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

    Send a spoliation letter for the tape of the call. That’ll get it on the desk of someone who matters.
     
  10. thanks for the suggestion. will do today
     
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  11. BUstang

    BUstang Lawyer

    Refinery explosion case. Settled with one defendant late last year. This Defendant cancelled mediation 4 times for "management review" but finally showed up today. They brought 1/3 of the money they should have brought. Incredibly frustrating.
     
  12. bro

    bro Hey Hermano
    Donor
    Tennessee VolunteersLos Angeles DodgersBuffalo BillsBuffalo Sabres

    finished my trial yesterday. we had terrible facts, a terrible ruling from the judge, but put on a really good trial. We were representing an insurance company against an 80-year old Plaintiff who showed up on oxygen :laugh: . So clearly, we lost. But really happy with how it went, the feedback I got back, and the experience as a whole.
     
  13. sent spoliation letter, draft of a lawsuit, and spreadsheet of $2,100 in attorneys fees.

    i guess we will see

    fucking annoying i've been checking mailbox for 2 weeks looking for that check and then get a call on monday when i'm in trial that oh my bad i couldn't offer that lulz
     
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  14. BUstang

    BUstang Lawyer

    I learned a significant amount from the wrongful death case we got absolutely pummeled on. Jury gave us 5x less than what was offered pre-trial. It stung but again I learned a lot and will never forget.
     
  15. BUstang

    BUstang Lawyer

    If anyone has any information concerning the allocation of that Florida condo collapse settlement (deaths versus injuries etc), please DM me.
     
    Gallant Knight likes this.
  16. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I'm working on a plant explosion case right now. My guy could've been much worse off. Was working on an electrical panel and the wire wasn't grounded. Explosion and his face got burned pretty bad.
     
  17. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    I don't know the allocation, but I know a couple of the lead lawyers involved pretty well.
     
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  18. Z

    Z Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    I’d rather be uneducated.
     
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  19. Just emailed that check will be in the mail today
     
  20. I got 0 in my first trial. No negligence

    I’m two since then I’ve gotten $600k on combined $26k meds
     
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  21. CF3234

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

    New update for all of you that care. (just me I know)

    Carrier wants to settle the case for 1k over the PFS amount or they will file their appeal (which will cost them a ton in fees but will win)

    This is pretty comical.
     
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  22. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    I say you let Izzy respond.
     
  23. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Client has an $18k outstanding hospital bill with no other treatment, but Defendant pleaded guilty to DUI. Progressive is offering $17k.

    Just stupid as hell
     
  24. Pre lit?
     
  25. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Yeah. I'm about to file it
     
  26. Progressive pre lit offers have been dogshit since Covid. Lit adjuster will bump that up for sure

    but with just a hospital bill you’re not getting much on a charge
     
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  27. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Just drew the second best judge I could have in a federal court case, so at least I have that going for me.
     
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  28. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Got a guy coming in to sign up for a CMV case at 2PM. Some other firm quoted him 45% and he balked. That does seem high as an across the board %. We have a staggered 35 pre lit/40 post suit/45jury trial contract, but after he specifically requested 33%, I told him ok. Oh the joys of lawyer shopping and haggling over fee %s
     
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  29. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Have a case where a guy in a company vehicle was clearly at fault for a wreck that happened early morning. My guy speaks Spanish and not a lick of English. Adverse driver is claiming that my guy didn't have headlights on and that after the wreck he got in my client's car and turned the headlights on. My guy disputes that and says he had them on and after the wreck they were no longer working. The carrier is only accepting 50% liability based on that alone and just made a $17,500 offer when my guy isn't even done treating yet. :out:
     
  30. so allstate is trying to keep our settlement private from the settlement after the first day of trial. and in the release my client is signing it basically says as much and includes her attorneys. but i haven't signed anything and i wont

    trying to see if i'm bound by that confidentiality or not.
     
  31. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    I’m quietly optimistic about a situation I’ve got on a med mal case involving the death of a 20 year old kid. He was seen at a location of one of the big urgent care chains here where they basically did nothing to work him up and he dies in bed at home two days later from untreated diabetic ketoacidosis. Living at home with mom. Florida law can suck some huge dicks when it comes to med mal protections for providers, and in cases like this a prospective defendant who has been properly served with the required 90-day presuit notice can offer arbitration and cap their noneconomic damages significantly. It’s basically 250k if you accept arbitration or 350k if you reject it and proceed to suit.

    Since the only statutory survivor is mom, the economics are minimal and this would be a case where offering arbitration is a no-brainer for the defense. HOWEVER, the prospective defendant has never acknowledged receipt of the notice of intent. We served the registered agent and my assistant confirmed with someone at the home office that it was received. I also have the green card from the certified mail confirming receipt. Since they didn’t participate in presuit I can have their pleadings struck once suit is filed. They have two weeks left to respond and if they don’t I’ll file suit on day 91. Since the statute requires that arbitration be requested before suit is filed, they’d be fucked. Fingers crossed here.
     
  32. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    If the language doesn't include you and you don't sign then I don't see how you are bound by it.
     
  33. The language does but I’m not signing
     
  34. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    If you don't want to be bound by it I'd consider not only not signing but taking a sharpie and blacking out the language that attempts to bind you to confidentiality
     
  35. bro

    bro Hey Hermano
    Donor
    Tennessee VolunteersLos Angeles DodgersBuffalo BillsBuffalo Sabres

    two questions:

    1) Any tips for preservation / trial depositions? Taking my first two in the next few weeks. Doctors.

    2) Same case as the preservation depos. Car accident. Plaintiff has back and neck issues. Gets surgery. Kind of helps. 2 years after the accident, she starts having seizures, difficulty standing, lower extremity issues, passing out due to loud noises. No treater in the past 2 years has been able to explain it. Notably, the new issues started almost immediately after getting some experimental stem cell spine injections. woof

    their initial expert is a doctor who says she reached MMI 16 months after the accident and her surgery was reasonable/necessary. But no treatment after the 16 months was related to the accident. I thought this was a great report for our side.

    Our expert also states MMI was 16 months after the accident, but the surgery was not reasonable/necessary.

    We go to mediation and we get nowhere. we value it in the 300 to 400k range. They never come below 850k.

    They endorse two rebuttal experts. One is an unqualified anesthesiologist who says she is experiencing "pseudo-seizures." A psych doctor is also endorsed saying the trauma of the accident (it wasn't that bad of an accident) is causing her current persistent issues.

    I had a call with Plaintiff's counsel, who said unfortunately this baby is going to trial in 4 weeks as her Plaintiff isn't budging. I confer with her on the issue of rebuttal experts. I stated that it is our position that if we do not call our expert, but instead just call the original affirmative expert, she cannot have her rebuttal experts testify. Do you guys agree? I find the rule to be pretty straight-forward, but I've had some shitty rulings recently.
     
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  36. bro

    bro Hey Hermano
    Donor
    Tennessee VolunteersLos Angeles DodgersBuffalo BillsBuffalo Sabres

    also, will provide an update as to what happened in my trial last week when I get the chance
     
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  37. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Do yall have any preexisting injury evidence that could have contributed to the injuries at issue? Often times the plaintiff hasn't provided it to the docs and you can have some good "gotcha" moments. Agreed the anesthesiologist isn't qualified. A psychiatrist isn't either. I'd file 702 motions on both of them.
     
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  38. bro

    bro Hey Hermano
    Donor
    Tennessee VolunteersLos Angeles DodgersBuffalo BillsBuffalo Sabres

    we filed a 702 on the anesthesiologist. The psych doc would be a tougher hill to climb. but like I said, we may be precluding them by not calling our own expert but instead relying on their affirmative expert.

    No preexisting issues noted on any docs that we have reviewed or requested. Absolute bizarre situation. Problem is she cries a lot and is sympathetic, but generally don't think a jury will give her a bunch of money for some unexplained illness that occurred several years after the accident.
     
  39. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Is there a way to get the docs to say the surgrery was related to degenerative conditions? How old was this plaintiff when accident happened. Other than that I'd just lock the treating docs in that they can't say the seizures and stuff post 16 months was related to the wreck.
     
  40. bro

    bro Hey Hermano
    Donor
    Tennessee VolunteersLos Angeles DodgersBuffalo BillsBuffalo Sabres

    my biggest fear is that opposing counsel somehow asks to call the rebuttal experts in her case-in-chief and the court grants it for some ridiculous reason
     
  41. BamaNug

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

    Currently in a mediation where Pltf has already placed the case into Washington's mandatory arbitration system, which caps damages at $100K. Opening offer was $150K.

    After 2.5 hours, they've come down to $95K

    What the fuck are we even doing here?
     
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  42. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    Making easy billing money for you?
     
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  43. BamaNug

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

    Esta verdad.

    But, it's sunny in Seattle and I'm parttime. Would rather be longboarding or doing something outside.
     
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  44. That’s tight I want to be sitting in this office
     
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  45. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    File a motion in limine on it and/or have a trial brief ready to go on it. Or if the court clearly is in error then its a good appealable issue and I wouldn't worry about it.
     
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  46. a couple of the huge PI firms in texas have legit 250k-500k in unclaimed property sitting in the comptrollers office; thinking about hitting them up and offering to get it for them for 20%
     
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  47. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    what kind of property, what is a comptroller, and why is their property with the comptroller
     
  48. https://claimittexas.org/app/claim-search
    uncashed checks

    i have like 4k on there that i'm about to get
     
  49. just added it up; one of the big advertising firms down here has 825k in checks that they didnt case and have been returned to the state
     
  50. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    I don't understand this. So the insurance companies sent them checks and then the firms just didn't cash them? I guess they couldn't get the client in to endorse them or something?