In a lot of states, if you successfully argue that a case does not meet amount in controversy and get a remand, that acts as estoppel for you to claim more than $75,000 when back in state court.
Unrelated, but the last time somebody tried to remove me, I had specifically put in the complaint that the total amount of damages we were seeking was less than $75,000.00. They filed one anyway. I got it remanded and tried to get attorney fees. Magistrate said it was a close call but of course didn't recommend award.
That is because the decision to remand is not appealable, but a decision to award fees is appealable, and when it gets appealed, the decision to remand can be considered. The magistrate clears it from federal court forever by demanding without fees.
Have a 3rd party MVA case where my client was injured on the job so there's a comp lien. The liablity carrier has $25k policy limits and there's like a $5k comp lien. The comp adjuster got a lawyer involved for the comp carrier to make sure the subro went down properly. I've now spent weeks going through a petition to approve the 3rd party settlement, proposed order, and now the release. Comp subro lawyer nit picking the petition, order, and release. They are paying this dude $$ when their lien is tiny. And my client is calling every day wanting an update and screaming why he can't get his money faster. I'm debating calling him out for just billing the hell out of a file when it is totally unnecessary.
Has anyone ever had a client try to sell an annuity? I have a client that got $75k up front then $280 a month for 25 years and now has crapped away his $75k lump sum and is trying to get a lump sum in exchange for his annuity. I'm sure they'll give him pennies on the dollar. He said he's having a hard time trying to get a company to buy it .
In your state can you get a court to rule on spoliation pre trial and get sanctions such as an adverse inference pre trial ? Here there is case law that says any pre trial order would be premature and the jury has to hear the spoliation evidence and determine whether there was a good excuse for the spoliation or whether it was due to negligence or intentional conduct. It used to be that you could get a judge to rule on it at a motion hearing but those days are gone. How is it handled in your state?
tell us your worst client stories mine is a dude we repped for a simple car wreck. his case went into litigation and he was pissed that his case wasn't settling. would call us all the time. he called once i was out of the office. started screaming at staff etc. i called him back the next day and was like dude if you do that again we are going to fire you. he starts yelling at me and says 'i've been to prison and i'm not scared to go back. i can bring my gun up there right now.' so i sent all my staff home. 6 weeks later he is arrested when he went to go buy bulk weed to deal. instead of buying it, he shot the dude and stole it. he's currently serving 15 years.
On this note I had a dude say he was going to come the office and kick my ass I was like dude I have your medical records I know how small you are he did not come to the office to kick my ass
I started using ChatGPT to summarize depositions, medical records for demands, etc. It's been really helpful since we're short staffed at the moment.
Update: just got an email from a supervisor at Gallagher Bassett. The adjuster who did this got fired and they’re going to get me the 45k lmao
Just settled a med mal FTCA claim yesterday. Death case with a guy in his late 60s and medically complicated. Also drew a horrible judge (Bush appointee). The client is an elderly lady and she was on the verge of a nervous breakdown over it all, so settled for less than I thought it was worth but still reasonable under the circumstances. I’m ecstatic to be out of federal court.
Does Chat GPT save any kind of inputs? I’d be concerned about getting fucked if there was some kind of data breach.
I think you have to pay for a secure “sandbox” account. Otherwise, I’d be terrified of putting protected or confidential information into a program that explicitly states that it learns from your information.
Yes it does, and it trains the AI on it. Just my perspective but you should absolutely not use chatGPT for anything privileged. Edit: unless you’ve got the paid walled off account electronic mentioned - but even then, I think you want to make sure it’s not retaining/training on your input.
It is not a stretch to think that the next data breach victim is going to be against ChatGPT. Hackers would have the ability to shake down both Chat GPT and any user/company who disclosed protected info.
A guy I know here she got suspended for 6 months for failing to respond to summary judgment, case gets dismissed, lies and tells client he's getting it settled. They file bar complaint against him. Meanwhile another case is dismissed for lack of prosecution, he tells client he's working on getting it settled. That client files a bar complaint as well. He doesn't respond to either bar complaint. Says he has mental health crises and goes to rehab for 6 months. Seems like 6 month suspension is pretty light .
There was some fresh out of lawschool attorney doing that down here a few years ago. She was working for a pretty large defense firm and she was handing out incredible settlements like candy. Turns out that she didn't have authority on any of the cases and would just keep giving OCs the run around that they hadn't gotten a release yet. It all finally blew up in her face when she violated a bunch of motions to enforce settlement.
We have been in federal court twice and decided that is enough. We refer out every case that gets removed now. if he responded to the bar complaints he prob wouldn’t have even been suspended tbh
If I remember right, she submitted her resignation to the firm and resigned from the bar and just hoped it would all go away. I never followed up. Probably should though.
You can turn off the learning aspect, but I deleted/redacted all names and personal or identifying information before uploading. Saved time, but still took time.
That gives me anxiety just reading it. How on earth did she walk around every day doing that shit? What did she think would ultimately happen?
My guess is that she was overwhelmed by how demanding the job was and decided to lighten her workload until the house of cards came crashing down. The she would resign, scream "I declare bankruptcy", and walk out the door like nothing ever happened.
Literally nothing keeping her from just quitting instead of developing an elaborate ruse that had a 0% chance of ending any way other than utter disaster.
you don't get paid if you quit. She kept up the house of cards and kept collecting those sweet 90k a year checks until it all came crashing down. The dumbest version of quiet quitting possible.
Especially when she could’ve just like… scheduled an actual mediation. Even if the file was like a disaster most things can be fixed
But, this took more work than quiet quitting. No one made her schedule a fake mediation and make fake offers.
But you don’t have to show up with a fake tpa and make fake offers. Failure to comply with the order would be easier and less catastrophic than entering into fake settlements.