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Discussion in 'The Mainboard' started by Jax Teller, Apr 8, 2015.
I'd be leaning hard on your RE agent before I even thought about hiring a lawyer.
agents (yours and there’s) and escrow should be able to handle this. If you made the cancellation prior to the expiration of the inspection period, they can fuck off.
I did, several days before the period ended. Their agent is refusing to do anything to make them sign.
I would lean a bit harder on your real estate agent to make it happen before going the lawyer route. Like BamaNug said. Wouldn’t think either agent would want that for their business
Are you in Florida? If so, the contract is cancelled, they dont need to sign the cancellation for that to be in effect. What is the reason for why they think you should forfeit deposit?
Only time I've ever dealt with this when we were the buyers, we had to get an escrow disbursement order from FLDBPR.
They did a few small repairs and claimed that was the reason. They caved this morning after they found out I get free legal services through work.
I'm getting tons of shitty offers lately. Tons of files are about to go into litigation. Not sure what is up with the sudden high volume of ridiculously low offers.
Started really drilling down on adjusters in cases with minimum limits and a real shot at excess verdict. Get them to tell you (1) what bills they are not accepting and why (2) any bills they have reduced due to "reasonable /customary charges" and why (3) how much do they value the pain and suffering (4) do they dispute liability. Tell them you really would like to see this all end amenably and you'd hate to get an excess verdict and garnish their insured's wages, send them a draft complaint. Give them extensions to reconsider. I send tons of letters like this and paper the file. Then if they still make some crazy low offer instead of tendering limits you are in good shape for the excess verdict/assignment/bad faith claim. Have one like that now with $16k in meds, legit treatment, liability isn't disputed, $25k minimum limits policy.
Welcome to Houston
I am sending the meanest demand letter I’ve ever sent this week. Explaining to the insured, through their lawyer, that they should ask their lawyer who he is working for, what bad faith means, and to seek a second opinion from someone who is good at defending negligent security cases about what the value of this case is. All because their asshole lawyer, who doesn’t do much of this work, refuses to make a real offer and they’re going to get absolutely tagged on a case with close to 7 figures in bills, no apportionment, and a former manager who just threw them under the bus for 5 straight hours.
I can’t wait for the response.
We've had a discussion on our state TLA list serve this week about whether you can cc the adjuster when writing letters to OC. Some states ethics opinions say yes, some say no. Some good trial lawyers on our list serve said they don't care what the ethics opinions say and they just do it anyways because they don't trust that OC is getting their offers to the carrier and OC just wants to bill the file.
it's about to fuck up my cash flow. I thought I had a bunch of cases I could settle and keep some $ coming in. Instead I got lowballed on all of them and they are all going to litigation.
I have a commercial vehicle claim with liberty mutual where they straight up ghosted me and refused to arrange for inspection and downlaod of their ECM after my spoliation/preservation letter. It is thoroughly documented in the file. I asked like 5 times and they just never made any effort to allow me to inspect /download. I keep telling them I'm going to get an adverse inference instruction and they act like it's not a thing. Their top offer today was $5500. Nuts.
Change all of these to property insurance terms and this is my life over the past 8 months. Know your feels e-bro.
Yep it sucks. I’m guessing you at least don’t have to deal with salaried lawyers of the insurance companies?
Defense counsel around here is usually competent at a minimum and typically pretty sharp
I CC the adjuster until they tell me to stop.
I also put all the language in there telling them to please give it to their insured, who is actually their client, because we are genuinely concerned for them. And I’ll write most of the letter as if it is being written to the insured.
Brandon Chicken , two of your partners were down on the coast this past weekend. They don't let you come?
Ha, I don’t do much of that work anymore.
I spent like a 45 minutes this morning calling lawyer offices in Tampa trying to find someone who can set up a conservatorship down there.
“Why the fuck is no one answering?!”
I’m so stupid
If Ian doesn’t wipe out the Fort Myers area (and consequently my partner there), I’m starting up a big trial on Monday in Miami. Going to be fun.
Lawyer bros... I need a TOD Confirmation Affidavit written up by an attorney to get my mother's condo into my name (she has a TOD Affidavit with the condo going to me). Can I call any type of attorney or does it have to be someone specialized?
You'll be looking for a general practice attorney. Or an attorney that works in wills/estates/probate. Or a real estate attorney.
Is anyone aware of contractual language or potentially a law that abrogates a health insurance plans' contractual duty to pay for medical treatment incurred by their insured following a collision caused by a third party? I've yet to see a plan or policy language regarding this. I haven't had to file suit on it yet or litigate the issue. Clinics don't have to treat a patient and they can turn you away if you've been in a car wreck because they don't want to wait on the claim resolution process to get paid. Technically in my opinion they should try to bill you private health insurance instead of insisting on getting dollar for dollar from the liability carrier. Hospitals are a different animal due to EMTALA and their duty to treat someone. I'm unaware of any legal basis for a hospital to refuse to bill a health insurance carrier for treatment rendered after a collision. IIRC there are certain time limitations on submitting claims to a health insurance carrier after an event occurs . Therefore, by refusing to submit the claim to the insured health insurance carrier, the hospital could potentially cause the claim to be denied. Typically the hospital is just holding off and trying to get dollar for dollar reimbursement through either the liability policy or med pay. In researching the issue I've seen references to policy language stating that whether someone was at fault or not at fault could be relevant to whether the health insurance carrier has a duty to pay the medical bills for treatment after a collision. Not sure if that is true or not.
I just spoke with my accident recon expert on a case. He told me that he has a case right now where a truck driver blew through 2 stopsigns and killed 2 people. They got his cell phone data and got a cell phone expert. Turns out the guy was watching porn at the time of the crash.
Not sure what their policy limit is but I wouldn’t stop until I owned half the company
You'd probably have to do that as insurance doesn't cover punitives and a driver's conduct is typically not imputed to the employer unless you can prove employer knew or should have known about him fapping and driving.
I just had an engineering firm tell me that their engineer is $505 an hr and to get a delta V report and do some crash testing on an exemplar golf cart in a golf cart crash case it would be $20k and that doesn't include giving a deposition /depo prep showing up to trial etc. By the time we did all that we'd probably be at near $40k on this one expert. Absurd.
wes tegg has been noticeable absent since making the switch
The Onion's amicus brief to SCOTUS is both hilarious and compelling. Definitely worth a read: Link
TMB time no longer billable.
He’s learning that plaintiff clients actually are worse than insurance adjusters
Not in the slightest. I’m just not in front of a computer as much.
I defended one similar. The extent of my defense was answering, attending the cell phone download, and reporting that they needed to pay limits immediately.
If you aren't in front of a computer and mainboarding half the time, are you even lawyering?
So my secretary forgot to file the expert discovery responses I completed a few months ago. Trial is upcoming in the next month or so. OC about 30 minutes realized they never got the responses and is now trying to get my expert excluded despite the fact that I’d sent them all the actual documents from my expert almost a full year ago and the fact that they didn’t once attempt to take his depo or follow up on the responses.
also, just today I sent them courtesy copies of all
The depo transcripts in an attempt to be cordial.
fuck this dude. Gloves are off.
btw. Yes I know that I’m late on responding but deadlines in Florida are “loose” guidelines at best and come the fuck on at trying to get my expert excluded over formal responses when I sent you the important stuff as a courtesy way in advance.
Sitting in your clients depo when he needs an interpreter is miserable. Have not had to do this in a minute
Probably 30-40% of my depositions in Seattle required an interpreter. Russian, Korean, Vietnamese, you name it.
Guy taking this deposition is a baby lawyer and reading off a script as well. Have his clients depo in a little over an hour. No chance that starts on time
guy points to his neck, and instead of saying that plaintiff is pointing to his neck, he asks like 4 questions saying he needs to verbalize where he is pointing to
sent a release to fred loya last week. i know they never look at their shit, so i followed up today to make sure they got the release and that they were sending the check. we faxed the release.
oh yeah we don't look at our faxes anymore
It’s worse when you speak both languages and have to suffer through hearing it all twice.
Just spent the week in jury selection on a med mal case only to arrive at a mistrial when we ran out of jurors. This is the second time it’s happened on this case. We had 150 jurors assigned to our venire and the judge inexplicably dismissed 50 of them before we even met them because she “figured” the 100 would be enough. FML
Imagine doing that if you were in a small firm or solo firm such that not only did you do all that prep but you also got $0 in return for it and still have to pay all the bills.
No kidding. It still absolutely sucks, though. And then to have her get pissy with us about striking too many jurors just made it tragically comical.
one time we told jaime goodman that we needed at least 50 and he said no you don't.
we ran out.
he yelled at me.
And that’s how you get labeled the worst judge in palm beach county.
Judge Godman SUCKS.
Judge Hafele would like a word
I heard Goodman got admonished for disbursing 6 figures in surplus funds after a foreclosure sale to the incorrect party.
Yeah, she kind of snapped at Keith and made a comment like, “Your questions aren’t fair because it’s like you’re looking for them to say they’re biased!” And we all looked at each other like, uh, yeah that’s sort of the way this works.
Judges here would never, ever, permit voir dire of 100 jurors and not seat a jury. Half of them ask an hour of questions to the jurors directly, and then give each side an hour. That jury is going to be seated after lunch one way or another.
Keith of the well known plaintiff's lawyer in south Florida variety?