Lawyer thread

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

  1. Gallant Knight

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    It should be as simple as them getting their car fixed and paying their deductible
     
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  2. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    had 2 WC clients get kicked out of pain management recently :facepalm:
     
  3. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Yes, that’s a dick move.
     
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  4. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    They are getting jerked around by the insurance company, because that’s what insurance companies do.
     
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  5. wes tegg

    wes tegg I'm a Guy's guy, guys.
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  6. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    SmoochieWallace herb.burdette and anyone else who does L&E or may otherwise know the answer to this:

    Is it illegal for a former employer to respond to emails from a former employer's address as the former employer? Intuitively, I think it has to violate some kind of cyber or privacy laws against it, even if the employer "owns" the account. Obviously, there are some potentially tortious uses there, too (fraud, misrepresentation, tortious interference, etc.).

    This is free advice, so I'm not looking to look it up.

    TIA
     
    #15906 wes tegg, Jun 6, 2022
    Last edited: Jun 6, 2022
  7. pez

    pez Competent
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    Like pretending to be the former employee or more “hey he doesn’t work here any more, how can I help you?” kind of way?
     
  8. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Sorry. Pretending to be the former employee. For example:

    Customer: Pez, I hope you're doing well. Can you give me an update on the RFP? We haven't gotten it yet.

    [email protected]: Sure thing. [Other employee] will send it to you by close of business Friday. Sorry for the delay.

    It's more or less benign, but it still struck me as problematic.
     
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  9. colonel_forbin

    colonel_forbin Well-Known Member
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    I don't know the criminal legality, but it could raise all kinds of apparent authority issues when dealing with third-parties.
     
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  10. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
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    Almost every state has criminal and civil statutes providing that you cannot obtain or sell goods or services under a false pretense.

    If the employer is contacting customers while pretending to be a former employee, that is attempting to sell goods or services under false pretense.
     
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  11. Bricktop the white

    Bricktop the white Well-Known Member

    If its a very expensive car, there are lawyers who do diminished value claims. But otherwise, without injuries, no.
     
  12. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
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    wes tegg thought about this a little more, are you advising the employee, new employer, or old employer?

    If it’s the old employer, obviously advise them to stop.

    If the new one, check out what your Lanham Act or state law equivalent statute provides. Selling goods or services with a false designation of origin, palming off, etc. are a civil claim that can lead to an injunction, attorney fees and treble damages in some states.
     
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  13. pez

    pez Competent
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    yeah kind of shady but if it’s a one off and they quietly transition the customer’s point of contact, I could see it being benign enough. If it’s a repeated occurrence and they’re actually chasing customers, that strikes me as something else.

    but generally talking out of my ass here
     
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  14. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Employee. It hasn't happened to her yet, but she is aware of it happening to previous departures. She's trying to address it on the front end so that it doesn't happen.
     
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  15. SmoochieWallace

    SmoochieWallace Ipse dixit
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    I don't do L&E, but that strikes me as problematic. Wouldn't it be just as easy for the employer to monitor the email and simply respond from a different email address saying, "So and So is no longer working here, but we get you XYZ tomorrow?"
     
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  16. CoastalOrange

    CoastalOrange Well-Known Member
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    We normally leave the email active for a couple months with an out of office response pointing them to the correct contact. And we definitely cut the former employee's access to the email immediately.
     
  17. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    Curious on how other states treat this: in MS if you are injured, suffer, incur medical expenses, and then later die due to the tort/negligence and resulting injuries, all claims for conscience pain and suffering, past medical expenses, and of course consortium/loss of society/lost wages/ etc are through the wrongful death statute and in fact the estate has no claim through the survival action. However if you are injured due to negligence and then later die to something completely unrelated to the tort there is no wrongful death claim obviously and the claim has to be prosecuted by the estate as a survival action claim. Is that similar to other jurisdictions?
     
  18. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    Are there any services that can help you trace corporate structure or relationship between corporate entities and sub entities? I have a commercial vehicle claim against an energy company. The defendant drivers' vehicle was owned by a sub entity of the larger corporation. There are tons of various entities registered in various states for this energy company. I want to name the parent company as a defendant in case the sub entity that owned the vehicle is a shell company with very few assets or holdings outside the commercial policy. I can ask for this stuff in discovery but defendant can always obfuscate , deny, obstruct me from getting what I need. Sometimes I like to just get it myself independently. Not sure if there are research services that can figure this out for you.
     
  19. Gallant Knight

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    we filed a motion to strike the designated responsible third party and the defense lawyer just didn't respond and the court granted it.

    so now they have no experts, no witnesses and no way to argue that the ghost car rear-ended their insured.

    oopsies
     
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  20. Gallant Knight

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    i don't even think i could lose this one
     
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  21. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    I wish we had shitty defense lawyers like yall apparently do in Houston
     
  22. bro

    bro Hey Hermano
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    need me to move?
     
  23. Gallant Knight

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    the ones who work at legitimate defense firms are generally pretty solid.

    the in-house allstate and state farm lawyers are generally not. mainly because they have so many cases.

    this is the 4th allstate lawyer on this case, and when i sent him the motion to ask if he was agreed or opposed or whatever he wanted me to put, he just replied that he thought this had been litigated before he got the case
     
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  24. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    I have a trial set on Monday that I'm like 90% certain the plaintiff's lawyer (a boomer who has his secretary print out his emails) does not know is set.
     
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  25. bro

    bro Hey Hermano
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    :roll:

    I pray this is the case. That would be amazing.
     
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  26. Gallant Knight

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    will it actually be called?
     
  27. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    It looks like it could be. I’m sure he’ll ask for a last minute continuance and have it granted, but I’m ready to try this bitch.
     
  28. Gallant Knight

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    bro might spontaneously combust if that happened to him
     
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  29. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    This one will make me pretty mad. Your boy didn’t notify the UIM carrier of an accident until 3 years of litigation had taken place and discovery was completed. Still not enough for a notice defense, apparently.
     
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  30. BamaNug

    BamaNug Half is a lie, but the good part's true
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    Bro & Nug, PLLC
    "Just fucking pay it, dude"
     
  31. BUstang

    BUstang Lawyer

    I may have to try a case because a loan company won't reduce down to the principal loaned. I will go full Karen scorched earth if this happens.
     
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  32. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    There are surprisingly few cases in MS and even nationally regarding whether wrongful death beneficiaries can make a claim for the loss of decedent's retirement benefits and/or pension benefits and/or social security benefits. It appears you can in MS but it has barely been addressed by the appellate courts. Surprising to me.
     
  33. Oranjello

    Oranjello Well-Known Member
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    If the parent is a public company, then they probably disclose their subsidiaries in securities disclosures posted to SEC’s EDGAR database. Those disclosures likely will only tell you that one entity is a subsidiary of the upper tier parent, and generally don’t include sufficient information to figure out tiered ownership. If not public, then on occasion Westlaw’s Public Records Search may provide enough info to allow you to deduce general relationships. If you have to pay out of pocket for the Public Records Search, though, I wouldn’t bother since it’s rarely fruitful.
     
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  34. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    Welp my paralegal tested positive for COVID last night. Was definitely all around her yesterday.
     
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  35. Gallant Knight

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    what are yalls maternity leave/paternity leave policies? i'm having to make up one as a legal assistant is going to fart out a kid in october
     
  36. Oranjello

    Oranjello Well-Known Member
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    2 years paid maternity and paternity leave like one of the Nordic/SE Asian countries
     
  37. colonel_forbin

    colonel_forbin Well-Known Member
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    I just gave my assistant 12 weeks maternity leave.
     
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  38. Gallant Knight

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    Yeah I was leaning towards ten weeks
     
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  39. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    12 weeks -not all of that is paid though. I think we do a week or two paid IIRC
     
  40. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    I took a week off. Someone's got to pay the damn bills around here.
     
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  41. bro

    bro Hey Hermano
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    3 months seems appropriate. Anything less doesn’t feel like enough for a new mom
     
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  42. Gallant Knight

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    i am leaning towards 6 weeks paid, 4 weeks half pay and if they want the other 2 weeks they can take it at no pay

    not finalized yet
     
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  43. Gallant Knight

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    was talking about this with my wife last night and she was like if we have a kid a lot of bros i know take 3 months of paternity leave and i want that

    was like lol what do you think i do for a living? i'm not a landman at chevron
     
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  44. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    In all honesty the mom is doing most of the stuff anyways at first. Breast feeding etc. Even if they don't breast feed. You can give mom breaks , especially for naps, by holding the baby, can change diapers, change clothes etc but still, you are basically just spelling mom. I definitely think you should take a few weeks off but a month or two months of paternity leave is just unrealistic. Even more so when you run your own firm. I have a buddy that is a solo practitioner and didn't take any time off.
     
  45. CF3234

    CF3234 Fan of: Bandwagons
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    I took a week off. Looking back, I wish I had taken more, but I was 1 month into the new job and didn't want to rock the boat.

    As for Maternity leave. I think 10 weeks paid is fair. If she wants to take more time unpaid, or WFH for a while, let her.
     
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  46. bro

    bro Hey Hermano
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    Sucks that is all you were able to take. My brother-in-law got 3 months to use at his choosing over the first year of the child's life (he is not an attorney). Seems like he has had an absolute amazing time bonding with the baby for the first 1.5 months. He has gone back to work and will use the rest to help out the mom at different times during the first year.
     
  47. bwi2

    bwi2 Not affiliated with BWI
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  48. colonel_forbin

    colonel_forbin Well-Known Member
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    We did 12 paid weeks. We're big heart guys.

    she'll get no time off for the next kid so it'll average out
     
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  49. Gallant Knight

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    my wife's company has a policy that says they can't pump after 2 weeks lulz. i think she is one of the first women to work there and she was like wtf is that

    they changed that almost immediately.
     
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  50. CF3234

    CF3234 Fan of: Bandwagons
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    I'm at a small firm, there's no set maternity/paternity leave policy. I didn't tell my now boss that my wife was about to pop when I interviewed. So I took it as a gift that he was giving me a week after my son was born 40 days after I started. I still got a ton of bonding in and despite my wife WFH ever since he was born, I'm by far the favorite.

    For kid two, I definitely plan to disconnect for a few weeks min and then WFH for another few weeks.
     
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