Lawyer thread

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

  1. CF3234

    CF3234 Fan of: Bandwagons
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    I’m moving for sanctions on 3 separate issues tomorrow.
     
  2. Bricktop the white

    Bricktop the white Well-Known Member








    meatball ron about to make sure no plaintiff in florida gets a pre-suit offer above 5k ever again.
     
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  3. Nug

    Nug MexicanNug
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  4. Bricktop the white

    Bricktop the white Well-Known Member

    tbh Florida's PIP laws are a complete fucking disaster and need to be replaced ASAP.

    unfortunately, all of the good plaintiff bodily injury stuff is going to get nuked along with PIP.
     
  5. El Tiburon

    El Tiburon Well-Known Member
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    This is all so fucking stupid and transparent. One of the legislators yesterday mentioned how they’re going to “stop these lawyers who just drag out claims so they can generate larger bills!” Yeah, there’s a name for those folks. They’re called defense lawyers.

    Also, maybe if these companies stopped offering $2500 for cases where there is clearly tens of thousands of dollars in damages they might not find themselves getting sued so often.
     
  6. Bricktop the white

    Bricktop the white Well-Known Member

    Having fun imagining the GOP meltdown when the judicial system begs for additional judges to handle the 25x increase in trials that's going to come from carriers refusing to settle literally anything once bad faith is gone.
     
  7. Gallant Knight

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    Goddamnit Abbott usually copies whatever desantis is doing
     
  8. Gallant Knight

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    Without the stowers doctrine in Texas I don’t think allstate would settle a single case like literally not one
     
  9. Bricktop the white

    Bricktop the white Well-Known Member

    Bad faith is basically our stower's demand along with our fee shifting proposal for settlement.

    I suspect the PFS fee shift will be next on the chopping block once bad faith falls.
     
  10. El Tiburon

    El Tiburon Well-Known Member
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    No, they’ll keep the PFS because it’s also a deterrent to plaintiffs on shitty cases.
     
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  11. CF3234

    CF3234 Fan of: Bandwagons
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    pretty much. It's quite the disaster. Got enough cases for two more good years, after that, we shall see.
     
  12. Gallant Knight

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    Is there a dumber group of people than insurance defense lawyers who try to screw over the plaintiffs bar
     
  13. Bricktop the white

    Bricktop the white Well-Known Member

    I don't think the defense bar is thrilled about this either. It's purely the carriers.
     
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  14. Gallant Knight

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    Good news: insurance *may* cost less

    bad news: good luck if you ever actually need to use it
     
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  15. Bricktop the white

    Bricktop the white Well-Known Member


    It's an amazing business model. People are required to pay you, and you never have to pay them.
     
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  16. El Tiburon

    El Tiburon Well-Known Member
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    I’ve got breaking news for you. Insurance will not, in fact, cost less.
     
  17. Gallant Knight

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    noooooo shit
     
  18. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
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    It’s about time someone stands up for the insurance carriers.
     
  19. Gallant Knight

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    seems like a pretty easy response to this would be that tens of thousands of people will lose their jobs if something like this passes.
     
  20. harvey birdman

    harvey birdman Ha ha! Last laugh.
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    This state is gerrymandered to the point that it wouldn’t matter.
     
  21. Bricktop the white

    Bricktop the white Well-Known Member

    as long as meatball ron keeps banning books and fucking with minorities, nobody will care that they can't get more than 5k for a lost limb or that geico closed the 5000 employee HQ in lakeland.
     
  22. Nug

    Nug MexicanNug
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    The new PI firm I'm contracting for uses WestLaw instead of Lexis :raptorjesus:
     
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  23. electronic

    electronic It’s satire!
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    Best way to fix this for all parties is to have universal health care and then only litigate pain & suffering awards. Everybody wins.
     
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  24. Bricktop the white

    Bricktop the white Well-Known Member

    I need to just do the nug thing and get rich as fuck off of airbnbs and spend my days on a beach in thailand.
     
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  25. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    I think the target is really PD claims. In fairness, Florida’s system is a little out of control.
     
  26. electronic

    electronic It’s satire!
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    I saw a post on LinkedIn saying they’re going after letters of protection and a bunch of other stuff as well.

    https://flgov.com/2023/02/14/govern...loridians-from-predatory-billboard-attorneys/
     
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  27. Nug

    Nug MexicanNug
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    I'm quite far from rich AF, but living in a low COL country lets you work parttime with pretty much the same standard of living.

    Would recommend Mexico for time zone purposes :cool:
     
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  28. wes tegg

    wes tegg I'm a Guy's guy, guys.
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  29. Gallant Knight

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    meatball ron is on the case everyone
     
  30. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    What a dumb cause to take on before a national presidential campaign.
     
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  31. CF3234

    CF3234 Fan of: Bandwagons
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    Assuming PD means property damage, I completely agree things are out of control. Banning AOBs and adding in pre-suit notice of intent were smart ways to cut down on frivolous claims. What they did instead will destroy homeowners with small claims. No plaintiff attorney will touch those claims when they can't get fees on top.
     
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  32. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Yeah, that’s how it is here.
     
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  33. electronic

    electronic It’s satire!
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    Those claims *should* go to small claims court instead of going to attorneys. That’s a good outcome, in my opinion.
     
  34. CF3234

    CF3234 Fan of: Bandwagons
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    My dad's an insurance agent and he thinks this is the dumbest shit ever.
     
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  35. CF3234

    CF3234 Fan of: Bandwagons
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    Insurance companies are still going to send attorneys to small claims court...
     
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  36. Tiger Tiger Woods Y'all

    Tiger Tiger Woods Y'all Putting big balls in little holes, circa 1995
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    I just spent a week in Medellín. If I ever go the ex pat route, it’s there.
     
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  37. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    I think where people really get fucked is on the $20-$100k claims. A contingency fee will quickly eat up the lawyer’s value add on those.
     
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  38. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
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    Plaintiffs attorneys give to Democrats. You’re on Ron’s enemies list.
     
  39. Nug

    Nug MexicanNug
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    Medellin is tight, super modern. And Colombia is a bit cheaper than Mexico.

    I need beaches, though. And Mexican cuisine >>> Colombian cuisine.
     
  40. SmoochieWallace

    SmoochieWallace Ipse dixit
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    Jump into the FTSA bonanza, Florida plaintiffs' lawyers. $500 per violative call or text, attorneys' fees, massive class exposure, and Meatball Ron signed it into law, so it would be hard to gut it.
     
  41. CF3234

    CF3234 Fan of: Bandwagons
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    Also car windshield AOBs.
     
  42. CF3234

    CF3234 Fan of: Bandwagons
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    Exactly. Especially if there is EMS or Mold taking another 10-20k out of the settlement.
     
  43. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
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    Just settled a shooting case for low-mid 7 figures that had some serious issues. I figure the golden age of negligent security has another year or two before the Georgia legislature finally neuters us.
     
  44. (Z)

    (Z) Well-Known Member
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    Criminal attorneys, give me your thoughts.

    3 kids are doing heroin at an apartment. Others are present. One ODs. My client and co-defendant place the individual of the backseat of their car and drive around. Part of the time, looking for more drugs. The apartment was in rural area close to a small regional hospital—less than 5 min. Several hours (4-5) later, drop individual off at large hospital in large city. (Ab an hour away from where started initially). Girl is in advanced rigor mortis.

    Charged with manslaughter—Class B, 2 to 20. My final offer pre-trial is 15 split to serve 3. (We’ve already served about 15 months). I’m struggling with this one. IMO, the offer isn’t good, but my client is not going to be remotely sympathetic based on the fact scenario. My best argument may very well be that we didn’t appreciate the risk bc we were high on heroin. I don’t see that resonating with a jury.

    Thoughts?
     
  45. Bricktop the white

    Bricktop the white Well-Known Member

    Take the deal 99 times out of a 100. At least when they fail probation and do the full 15, it saves you having to do a trial where you lose and they get maxed out immediately after.
     
  46. (Z)

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    I’ve been trying to get the last 18 months to serve in a community corrections program. Doesn’t seem like it’s going to fly though.
     
  47. Stagger Lee

    Stagger Lee Crazy. Sexy. Cool.
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    The idea of a kid getting 15 years under the facts you describe really doesn't sit well with me. But I tend to agree with Bricktop's recommendation.

    Is there any path to refute causation? I assume the theory is that the decedent would have survived had your client not recklessly failed to seek medical care. I would argue that your client didn't know how dire the decedent's situation was until after it was too late to save her. Failing to get medical care for someone merely demonstrating symptoms of being high on heroin may be negligent, but it's not reckless; any alleged recklessness didn't arise until she was essentially dead, at which time it was the drugs, not your client's recklessness, that caused the death. **Disclaimer: I have no idea what I'm talking about. Just dusting off my crim law student hat that I haven't worn since 2008.
     
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  48. harvey birdman

    harvey birdman Ha ha! Last laugh.
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    So if they had just left her there rather then move her to the vehicle, would they have had a duty to save her?
     
  49. (Z)

    (Z) Well-Known Member
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    I plan to argue causation but from talking to some medical professionals it sounds like girl almost certainly lives if they take her straight to hospital. I’m prepared to argue it. I’m not prepared for it to be effective. This was laced with fentanyl, and per all involved, victim had significant reaction—slumps against wall snoring, nearly immediately.
     
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  50. (Z)

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    I don’t think so. I’m consolidated with my co-defendant and he keeps arguing causation, and that has been my response. I don’t think they had an affirmative duty, UNTIL they removed her and placed her in their car. At best, will be an argument on appeal, and with our criminal appeals court staffed by former district attorneys, isn’t going to go anywhere.
     
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