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Discussion in 'The Mainboard' started by Jax Teller, Apr 8, 2015.
that sounds like a good way to get hit with a huge jury verdict in a civil rights/employment case
We do 16 weeks paid because half of our firm leadership is women.
My wife had a c-section and was absolutely useless the first two weeks, so I ended up taking 3 weeks paternity.
As far as maternity goes, I’m of the opinion that you should get 12 weeks paid.
My wife was a prosecutor with the state Attorney General’s office when she had our first and she got no paid maternity leave. Luckily she had some leave accrued and we had purchased a short term disability policy for exactly that reason. She has since gone back to the U.S. Attorney’s office and they get 12 weeks paid now so that will be nice if we have another.
Do you think the traditional rules of the road apply to a golf cart on a golf course? I drafted a complaint yesterday and plead negligence per se for violations of the rules of the road statute in a case where a golf course employee inexplicably drove full speed into the back of a cart occupied by plaintiff that was sitting on the cart path near the driving range. I dont even know how that happens. Maybe was using cell phone and not paying attention. To make it worse, the employee was the course starter.
they aren't road legal vehicles so expect that argument.
yep. they are considered motor vehicles though. regardless you have a duty to pay attention and not hit other ppl. but not sure if there are statutes with rules of road for golf carts especially not on a golf course
kind of went full dick mode in our new demand
Should Allstate not accept this demand, we will withdraw our offer to settle and proceed to trial. I would very much enjoy a second excess case against Allstate this year.
I guess he finally found the motion in limine I filed, because we took a doctor’s deposition last night and will probably end up settling today.
....are there no discovery deadlines in al?
See previous conversation about the rules being applied differently for defense Abs plaintiffs. This guy is a local and former state legislator, so the judge was either going to let him take the depo or continue it,
I had 3 trials set to go this month. All against the same carrier. Somehow all of their trial attorneys either have Covid or are having surgery over the next 3 weeks. All three cases got continued for 3+ months. UGH
i mean how often are yall actually going to trial on the first trial setting?
if i filed something today in houston,the first setting would probably be like october 2023 with an actual possibility of going to trial in early 2025 but probably more like the end of that year
1 of them was special set #1 for the week of the 21st.
The other two were in the single digits so there was a decent chance at least one of them would go this month.
How could a defendant go about getting the court to issue a search warrant to Meta for the chat logs of complainants who are likely falsely accusing a defendant of rape?
This is so fucked.
I don't know shit about criminal law but wouldn't the proper protocol be for the Defendant to request the issuance of a subpoena duces tecum to Meta?
His lawyer has the power to subpoena it. I just sent sub’s to Snapchat actually (surprise! your chats don’t delete).
I just filed my first "official" complaint as a plaintiff attorney yesterday. Up to now all of my cases had been grinding through the investigation then mandatory 90-day presuit process. The first 3 presuits I served met with requests for presuit mediation so hadn't had to file yet. This one I filed is the case where neither the individual doctor nor the corporate entity he works for ever responded to presuit even though I has the certified return receipts confirming they were served with the notices of intent. Death of a 20-year-old kid. Can't wait for the parties to get served and shit themselves.
We have a 95 day mandatory presuit process then 90 days to file suit. I'd say 60% of the time or more I get told to GTFO or no response as opposed to actually constructively attempting to resolve the claim pre suit.
What are the allegations?
Kid went into an urgent care after a week of feeling like shit, having a headache and vomiting. Three negative Covid tests done at work that week so that was already ruled out. Gets diagnosed with dry mouth and oral thrush and they tell him to come back in three days for follow up. He dies in bed two days later from diabetic keto acidosis. The doc at urgent care never took a full history and didn’t do either a rapid glucose test or even a urine dipstick test. He was in the midst of a diabetic crisis at the time he was seen.
We have a 90-day mandatory presuit. Upwards of 90% wind up with a denial of the claim and a counter affidavit from a defense expert. But defendants are required to participate in the presuit discovery process and if they don’t they can get their pleadings struck and waive the right to request arbitration (which would cap non economic damages).
We have a $500k cap on non economics for med mal against private entities/hospitals and $500k overall cap on all damages for any public/non-private hospitals. And a lot of our hospitals are public. We don't get discovery in the 95 day presuit period. Also if we don't include a bunch of BS info in our notice of claim it is subject to dismissal with prejudice. Like for instance, where did the plaintiff live at the time of the incident and now. If you don't include that you could be subejct to dismissal with prejudice.
just got policy limits on a case i didn't know existed until my legal assistant asked me to review the settlement disbursal
2-3 years ago i could've told anyone every detail about every case in this office.
when you're having fun!
will be taking my first full week off since 2015 later this year i am pretty excited
Did all the pretrial and jury stuff yesterday, settled last night.
Modest or strong settlement?
Closer to where I was than where he was.
Anyone in here an employment lawyer? My previous employer has sent me a letter trying to be scary (they live to sue) so actually a bit scary. I need to respond by the 16th they say but haven’t found an attorney who can assist on that timeline. I could just answer their questions but afraid I’ll do something that they will use against me later because, well, they suck. I’ve purposefully not taken work pending them giving me the all clear which they had said they would do. The only clients and employees I’ve spoken to are friends and even then I’ve been careful to always describe it as a bad fit. In our line of work there really aren’t trade secrets which is something the ownership there has said verbally before.
Anyone have advice pretty please?
I didn't know where to put this. But I'm speechless
There has to be more to the story here. It makes absolutely no sense. Family law judges can be some of the most biased and awful judges out there, but so many aspects of this story make no sense.
She lost custody of her teenage daughter for buying her a cell phone? WAT?
Either way, this woman is in a pretty terrible situation and I feel for her.
This is horribly sad and great news at the same time.
One should never give a judge the benefit of the doubt. Clarence Thomas should be exhibit A.
You aren’t wrong.
Taking two weeks off starting next Tuesday and I just know the second I turn my phone off on the plane the order I’ve been waiting 4 months on will come through.
Where you going
And not when you have completely unreasonable clients. I’m having a run of some of my worst client luck in a while. Exhausting. Great settlement offers, but no way!
most of my job is telling clients that their cases are worth far, far less than the astronomical sums promised to them by my boss.
I had the opposite experience this week. I valued a MVA at $84k , top offer prelit was $48k, client wanted to take it.
Just seeing this, and happy to give you more detailed thoughts later on if I can. First thing is don’t sweat the arbitrary deadline to respond. And I think your instincts about not responding are probably accurate. They are seeking free discovery from you.
I just have emotional clients. Good recipe for success!
I haven’t had a vacation in at least 15 years where I didn’t take at least one client call or have to respond substantively to something.