I got one in college and didn't blow which is the right move (charges dropped like 2 months after the arrest, I posted about it here). Once he's pulled over there really isn't anything you can do. From my lawer the tests are designed to make you fail plus you're obviously nervous as fuck. Unless the stop was bs then get footage of the tests, see how bad it is then go from there. I'd say get him a DUI lawyer, admittedly my experience was in Gainesville and attorney was used to dealing with idiot kids like me.
My law partner met him where the cop was. Cop let them talk. My law partner asked him how much he had had to drink. 4 beers in 4 hours. Partner advised allowing cop to give him field sobriety test. He passed the test. Cop let him go. I can’t believe the cop let him call me, call other people, wait for lawyer to arrive, etc
That is an incredibly unusual situation. Most cops wouldn’t handle somebody showing up on scene in middle of traffic stop. I would definitely tell them to refuse to blow, but I wouldn’t show up for them. That’s a pretty laid back cop.
Trying MVA next month. At fault driver is uninsured, but he’s my diversify buster so I’ve served him and just left him alone. No appearance, nothing. He was given multiple citations from the accident, including speeding and no drivers license. Has an outstanding warrant for failing to appear for those tickets. Any novel way I can get that in?
Seems relevant to me . If he was speeding that's an aggravating liability factor. You could ask him if he was convicted of that. He will probably lie or equivocate. Then you can bring in the proof that he didn't even show up for the hearing. That's impeachment evidence although now you're getting pretty far away from what actually happened with the wreck. I'd say 50/50 on that getting in.
I think the chances of him showing up to trial are 0. He’s apparently gone on run. Nobody, including PI could find him.
I think that makes it harder to get in. UM counsel will object and what's the real purpose of getting it in other than to make him look bad and impeach? I don't think it hurts to try though. It's not grounds for a mistrial or anything.
Had a treating physician give his trial testimony yesterday via depo in a med mal case. He was a surgeon that had to operate and minimize the damage after the negligence of another doctor had occurred. Prepped him on the phone weeks ago and thought he'd be pretty good for us. Yesterday he gave me causation but then downplayed damages. The more I tried to save face , the worse it got. I bet OC was loving it.
Y'all need to do some criminal work. Did y'all really think a person with a warrant for FAILING TO APPEAR TO COURT in a criminal case was going to show up to court on the related civil case? They would get arrested on the witness stand.
my Texas/Colorado bad faith case is staying in Colorado and now we have to sort out what law will apply to the three claims (breach of K, CL bad faith, and statutory bad faith). I have several questions to determine whether it benefits our client to raise choice of law (I presume it does). Which one of you Texas attys wants to save me the time doing research by answering my boring questions?
If Colorado follows the Restatement on Conflicts, the contract claims are under the section 188 factors and bad faith as a tort under 145 factors. Statutory claims are whatever state has the statute, but you have to determine whether the statute can have an extra-territorial application.
Generated a pretty significant workman's comp case (at least i hope its significant) via my cities subreddit. Woman got her hand caught in a massive heat press. 10 day hospital stay, multiple grafts.
Oh I’ve briefed choice of law here before. Colorado does follow the restatement. Generally everything is worse for insurers in Colorado when it comes to bad faith claims, but just want to make sure I am not walking my client into a hornets nest by recommending filing a MDL arguing the application of Texas law on the breach of K and bad faith claims.
$80k is max you could get for a hand for indemnity. With future medical you could get more. I guess that’s better than I originally lead on.
gump is in Mississippi which is Alabama but with more casinos. although from my memory of explaining why it wouldn’t be profitable for us to have a comp department in Alabama, i think Alabama workers comp they just cut your hand off and send you back to the job site.
2.5 hours into a public adjuster depo. I've never had one go longer than 90 minutes. We are 2.5 hours in and OC hasn't even stared talking about the damages in the PA's estimate. It's the Friday before fucking Memorial Day. Oh and this OC is beyond rude. When I demand 50k+ in fees, I will point to the 5+ hours she wasted taking a meaningless depo from someone who won't even testify at trial. Edit: We are now deep in the weeds over a $250 line item in a 200 thousand dollar estimate. Edit: 5 hours and 10 minutes later we finish. That was a fucking nightmare.
Florida Supreme Court just changed a shitload of rules that are going to completely obliterate me. Whole state is turning into fed court now
I once got served with a 20 page summary judgment and countless exhibits on 5:00 the Friday afternoon before Memorial Day. The guy who did it is now a federal judge.
massive changes to scheduling and discovery that make things go way faster and severely punish any missed deadlines. New discovery rules require all sorts of federal esque bullshit. Every rule change was overwhelmingly defense friendly
Maybe you have plaintiffs who actually answer your calls and provide their discovery responses on time but none of mine do.
I’m just eagerly waiting to see which client of mine has an emergency this weekend that cannot wait until Tuesday.
Any of you get involved with physician contract reviews? I was looking online and the AMA suggested reaching out to the state medical board for a list.
usually big law has some partners that do it. What state are we talking about? Then can point in right direction.
A partner of mine does, but I doubt for Kansas. Once you have a contract in hand to review and know which state, shoot me a DM and I can see if he has any contacts in whichever beautiful midwestern flyover state it may be
also just got a referral on a denied liability case. the referring lawyer got a letter from some defense lawyer explaining why that low PD was why. I looked up that lawyer and on their website i guess their slogan is "we play to win" cool dude you do insurance defense chill out
you know what's annoying? being in federal court, filing a MTD, being told by the Court that discovery should move forward anyway over my protests, getting tight and unrealistic deadlines, having the Court deny your MTD in a well-reasoned / close decision 5 months after filing, all the while seeking a stay of certain discovery because a parallel lawsuit was filed by Plaintiff in another jurisdiction to preserve SoL, and then being admonished by the Court when I file an unopposed motion to amend the scheduling order and move deadlines back 90-days. Fortunately it was granted, but I didn't enjoy being lectured about the importance of discovery and expert deadlines when I haven't even filed an Answer yet. I generally prefer litigating in state court, but if I have a MTD to file, I will think twice about removing if my client will be forced to move forward with discovery. Plaintiff filed in federal court, so we didn't have a choice here.
I haven’t had much luck with motions to stay discovery while the MTD is pending unless there is some type of immunity involved. The last 2-3 I’ve filed have been denied.
I was supposed to start a jury trial in federal court today but the judge continued it last week because his docket has been taken over by a judge shopping sanctions issue. The story is pretty wild. https://www.reuters.com/legal/gover...tions-over-alabama-judge-shopping-2024-03-20/
So loya has until tomorrow to either get us checks or file that they’re appealing that verdict I got in March. So far their lawyer has just said that he will follow up on getting us the checks. I think they’re not going to appeal it and I don’t have any faith the checks will get here any time soon what do I do? Sign up the defendant and sue Loya for breach of contract?
I don't think so since the insurance company isn't a party to the case. I think I could use the judgment to go take the Defendant's stuff
also signing up a case where an insurance agent texted our client a picture of the coverage she was offering, said send me your cc info and i'll run it, and your policy will be in effect on 5/5 she was in a wreck last week with an insurance driver. tries to call progressive to set up a claim and theyre like ....we dont show a policy for you. i looked on the district clerks website, and the agent did the same shit for a home owners policy. $2m house burned down.
just got this from a family lawyer who i guess is representing some business in houston. this should be interesting Please allow this email to confirm that I represent XXX. Please direct all future communications to me regarding the incident on May 1, 2024, to me. I received your demand to provide insurance information from XXX by June 3, 2024. At this time, I do not believe there is any coverage to produce. Further, XXX is not responsible to your client for any alleged injuries. Mr. Eliud is an independent contractor. I am reviewing the coverage on the shop and conferring with the insurance company about the incident. If we identify any coverage that extends to this incident, we will provide you with that information at that time. Thank you.
i tried to call him to discuss and it the number in his signature block went to the voicemail of someone named melissa
jesus christ. he called me back and i just asked so what's the deal they don't have coverage or what? 'no they have a ton of coverage but not for this. this guy was a contractor. go ahead and file your lawsuit and i'll just get my msj on file.' i'm like ok if you file it that soon it'll get denied? also, if they have coverage they should contact them about a potential claim and they'll defend them. 'i appreciate your legal advice you sound like a really nice guy." goddamnit
I have litigated this type of thing before. Make sure you get the PL policy, because it will be claims made coverage and cut off if no notice is made in the period. We won a $5 million issue as the carrier, leaving the independent agent on the hook. His carrier denied. He’s bankrupt and no longer a licensed agent.