I have two friends at work who had similar cases as defense lawyers. One was a church and one was a daycare. They both said that was their "nope not doing this anymore" moment and came and joined the good guys.
I think it's forseeable that if you let a 1st grader go unsupervised for an extended period of time that bad things are gonna happen. But I think the other stuff about the 6th graders past bolsters our notice argument. They are saying yah we knew he had problems but not sexual problems. wonder if they'll try to get a gag order. this is a small town, if it gets out that school could go under. small catholic elementary school
I have an LLC question. I'm a member (two of us) in a partnership LLC. 1. Can we have the business in separate states? It's obviously already active in one state, but what about two? 2. Is it a long process to file an amended LLC agreement?
Our firm worked with another firm out of Atlanta on a case involving a nurse raping a patient. He had a discipline history but not specifically regarding rape. The firm we associated appealed the msj dismissal and got the case remanded on the premise that you don't get one free rape. Maybe you can use that somehow. Our case settled for $6 million on the eve of trial. Our two focus groups leading up to trial returned $10 million verdicts. I'm new to the firm and had little involvement so it's not like it was of any benefit to me financially, but it was awesome getting to watch those guys work.
I don't see why you can't operate in different states, but need to be aware of the states laws regarding businesses, service of process, and most importantly taxation. Idk about amending the operating agreement but would assume it is just filling the new one with the secretary of state where you're incorporated.
Also, may need to talk with your insurance carrier for liability, workers comp, malpractice, etc. Depending on your business as doing business in multiple states may change those policies.
it's similar to the "well noone ever fell in that ditch before!" argument. THey tried to use that against me in my biggest settlement ever. All it takes is one time. Guess we'll see what that psychological profile said. Also gonna unseal the youth court case where he was adjudicated guilty for this very incident. Who knows what all is up in there
Need some advice. I am a young associate about to switch jobs from a small, two lawyer office to a huge firm. I will be in same field, just switching sides (debtors to creditors) so I will likely have occasional interaction with my current boss in the future. Anyway, my last day here is toward the end of January. My boss approaches me and asks if I am cool with him just paying me cash for my last few weeks on the job so that he doesn't have to have an additional employee on payroll for 2017. He notes how it will work out well for me since I wont get taxed and will make a few extra hundred bucks, and I say that is fine. He hands me an envelope of cash which I don't count until this weekend. Sure enough, the money is way short. I do the math and he has paid like 700 bucks less than I am owed pre-tax, and in fact is even a few hundred less than I would have received if I was actually on payroll. Knowing that he likes to argue and refuses to ever admit fault, I type out a detailed memo explaining the issue, with all the calculations laid out. When I approach him about it and give him the memo he says he will redo the math himself and throws my note in the trash without even looking at it. After redoing the math, he admits that he accidentally shorted me, but only gives me the $200 or so that I would have received if he had put me on payroll, and essentially pockets the remaining $500-600 himself. When I try to rebut these calculations and point out that he said I would be coming out ahead by doing it this way he basically ends the conversation, shows me his numbers and pivots to a new topic. What would you do? I don't need the money so much as I just want to stand up for myself. At the same time, though, I don't feel like ruining my relationship with my first boss over a few hundred bucks, regardless of how shitty a year is been. I've been cautioned by some peers to not be overly aggressive about it, as I am now technically receiving what I would have had he actually put me on payroll, and arguing over a few hundred bucks would make me look like a cheapskate. However, in my mind, its about the principal of the matter and what he proposed and offered as opposed to what he is actually giving me. So....bring it up again and incite what will likely become an argument, or just accept that I am getting screwed and be happy that I am lucky to be leaving. What would you do? TIA
I would tell him that you offered to do him a favor and that his options are to either (1) pay you what he owes you or (2) you will be taking a two week vacation before your new job starts. I would do that before you leave today. If you let him walk all over you then he will.
This was my biggest issue here at my first 'real' job. I was too worried about making my boss happy and avoiding in-house conflict to stand up for myself in certain situations and accepted fault where it probably wasn't due. In the aggregate I think these instances had a major impact on the way our relationship has played out and my overall happiness/satisfaction as an employee. I'll definitely learn from these mistakes and remember to treat myself with the same respect I do my superiors at my new position.
if you're leaving for a new job, and you said you don't necessarily need the money, i don't know why you wouldn't tell him to give you what he owes you. the worst case scenario is he tells you to fuck off and you get to not work for a couple of weeks. best case scenario you pocket a couple grand. both sound like great options to me. i would just go in his office and be like you asked me to do you a favor, and i did it to help you, and now i feel like you are taking advantage of this situation. if he gets defensive then you know he was doing it on purpose, and if that's the case, i would just say thanks for the opportunity and i appreciate you giving me the job, but i don't like being taken advantage of when i try to do someone a favor. today is my last day.
Yeah, but then he'd have to pay income tax on the cash payment lest he be snitching on himself, too. Don't be a boner and eat the couple hundred bucks for the goodwill and an affirmation of the fact that you're going to be much better off at the new gig.
I'm not saying I disagree with your overall premise but from his story it doesn't sound like a good relationship either way. No way a guy like that is going to help out OC in the future, he'll likely expect all kinds of help from the guy moving on.
Could be. Just thinking of icing on the cake for wes tegg's point. Also, from my experience in bankruptcy creditors (secured) do the fucking and debtors do the taking. I can see his former boss needing favors. Not totally ruining the relationship may make it easier to be effective without an unnecessary fight. Could certainly be wrong.
Update: I think he realized it was a bad look and gave me about half the difference between what I received vs my gross/pre-tax pay. Came out ahead, and although I disagree that this is what he proposed I am not going to ruin a relationship over it. Thanks for everybody's input.
You shouldn't need to amend your LLC Agreement unless it has some restriction regarding where the company can do business. Assuming you used a basic form, I'd guess it says something along the lines of "the Company is authorized to do business in [state of formation] and wherever else the [governing persons] determine it in the best interests of the company to operate". Different states call it different things, but you just need to register the company in the new state, which shouldn't require more than a couple hundred bucks, giving an address, copy of the certificate of formation/articles on incorporation/whatever your state calls it and officers/managers/governing persons. Might also need a certificate of good standing/existence from the home state of the LLC, depending on how difficult the new state is. You shouldn't have to do more than 30 minutes of work to get the paperwork in, however some states drag so much ass on making the filings. When you go to file, ask about any additional fees you can pay to expedite the filing (in Texas it's $25 for 1-2 day turn around vs. 2 plus weeks without paying the additional $25). Also, use fax or email if those are options. One of the items on the registration form will likely call for the date you started conducting business in that state. Most states have a grace period before you incur a penalty (in Texas you need to register within 90 days of beginning to conduct business in state or you incur a $1500 penalty, double the $750 registration fee), so I'd look into that and be...uuummm...conservative as to your commencement date on the form. It's generally a pretty simple process, but there are third party vendors that can get you the forms and make the filings for you. That's a waste of money, IMO, unless you're just outrageously busy. What those vendors offer that might be worth the couple hundred bucks is they will serve as your agent and accept service of process on your behalf. Good idea if your office situation is kind of fluid/you're unsure about boots on the ground. Once you register in the other state make sure your accountant is aware because you may be paying taxes in the new state (in Texas they call it franchise tax, but there's a revenue threshold you have to meet to owe them, iirc). /corporateguyfinallygetstohelpITT
I wouldn't think he's doing shit these next couple of weeks beyond mainboarding and fulfilling his ethical obligations in transitioning the files anyway.
Before I ask other lawyers from MAJ etc maybe one of you knows the answer. A gets in wreck while driving Bs car. C is killed. A has $25/50k liability policy that tenders limits. A is resident relative of B. B has 50/100k liability/UM policy. They consent tp settlement and waive subro. An order is entered in a chancery proceeding dismissing A and releasing A. Does that dismissal sever all liability under Bs UIM policy? Or can you claim that although A is dismissed B's UIM policy is still alive via direct suit against UIM carrier? Does the dismissal sever any UIM claim?
I'm confused. Do you mean C's UIM policy? B's liability coverage should cover A. So, you'd have the 25/50 and 50/100 covering A. But, C doesn't have UIM coverage from B's policy unless C is a resident relative of B.
I think C would be eligible under our statutory definition of underinsured. A is married to and living with B who has insurance on the vehicle. A is driving his wifes car (B) at the time of the incident. C is a guest in A's vehicle. : "The term “insured” shall mean the named insured and, while resident of the same household, the spouse of any such named insured and relatives of either, while in a motor vehicle or otherwise, and any person who uses, with the consent, expressed or implied, of the named insured, the motor vehicle to which the policy applies, and a guest in such motor vehicle to which the policy applies, or the personal representative of any of the above. The definition of the term “insured” given in this section shall apply only to the uninsured motorist portion of the policy." If A has been released and assuming somehow that C is somehow eligible for the UIM coverage, can Cs heirs at law even sue for it if A has already been released? I believe UIM consented to the settlement between A's insurer and Cs heirs at law. The question is can Cs heirs at law proceed against the UIM carrier if A has already been released. Bs liability/UIM carrier is saying they were treating it as just a seperate liability policy and that if A is released it severs everything. I'm wondering if you can say yes, the liability was first in line. But the liability part of it is gone because A is released. Therefore you next look at UIM. Can you somehow trigger the UIM section of the policy because A is released and thus C is underinsured and somehow is eligble for that UIM coverage as a rider in that car?
You left out that C was a passenger in the car. Alabama has a guest passenger statute, so this scenario is not one I've run into. The release of the tortfeasor shouldn't matter to the UIM coverage (assuming the carrier was given proper notice and consented).
Also, you'll need to look at the release. If it's a full release (i.e. "any and all claims arising out of ..."), you're probably fucked. In Alabama, if a party not named in the release still contributes to the consideration for the general release, it can still apply to them. Hopefully the release is pro tanto.
Everytime I hear about this USSC case about "the slants" all I can think of is how perfect an issue it is for a law school text book. Talked to my brother about it and he said that one of his professors had already used it as an exam topic for IP last semester
just took on my first appeal. its that big divorce I did last year where they found in my favor and my client got a huge chunk of the marital estate. husband is appealing. any pearls of wisdom. its a big pain in my ass but i think i'll be a better lawyer once i've gone through the entire process. everyone should probably do it at least once.
I feel like I have an appeal or writ at least once every two months. I am the last thing from an appellate brief writer, but I've done quite a few and think I'm starting to get a feel for it. My advice: First, make sure your format is perfect under the rules. My first brief was sent back for correction because my footnotes were size 12 instead of size 13. Second, the importance of the brief's introduction cannot be overstated. The clerk is going to read it and summarize it for the judge. The judge might not even pick it up, but if he/she does, then it needs to grab their attention immediately. Same with the clerk. You need to be able to say why this is an important case, what the appellant seeks, and why they are wrong. The appellant's burden and standard of review can also be a weapon for you. What do they have to prove and why can they not meet that burden? Don't make it a one-paragraph summary of your argument. Unless you are explicitly limited to a page number under the rules, don't be afraid of making it longer than you normally would. Don't make it overly lengthy, but you have to get your point across. The strongest brief I ever wrote was an answer to a petition for writ of mandamus. There's different length rules for answers to mandamus petitions than for appellate briefs so I had a little more room to work with, but it was 29 pages long and my introduction was 3.5 pages with four separate paragraphs. Third, break everything up into short sections with headings for what's about to follow. You can do it for both the fact section and argument. You don't want anything to just be a block of words that spans several pages. It is much, much easier to read if you break it up and you want to get your points across separately and distinctly. Numbered lists are also your friend. For example, say "Mr. Smith has the burden to clearly show (1)...(2)...(3)... and (4)" instead of just separating each element with commas. If the flow of the argument allows, each of those four elements could be stated under four different subheadings. Fourth, the fact section doesn't need extra stuff that is not pertinent to the issue or would hurt your client. You don't need to summarize the case; the appeal is likely about some singular issue. If the appellate issue is about some procedural error during trial, don't waste time discussing at length what your client got out of the marital estate if it does nothing for your argument. That doesn't mean you shouldn't mention it if the facts help your client, but stick to what's important. Last, the conclusion is the least important part of the brief imo. If the judge even reads it, he/she will already have an idea of the argument and how to rule. If the conclusion does nothing but summarize the previous points, then it's not doing anything to help your cause. It needs to be like the introduction in strongly stating your position, but much shorter.
Also, don't be afraid to take small shots at the other side's argument or conclusions. Don't take shots at the other side (parties or lawyers), but you can sometimes call an argument a load of crap in a somewhat tasteful way to support your own. Lawyers often throw shit at a wall and try to get it to stick because they don't have many options. After all, everyone on appeal is on their last ditch-effort for something. A lot of times they know it's not a good argument, but your brief has to drive that error home to earn points on toss-up issues. But if you do that, you better be damn sure what you write after that is correct. My favorite thing to do is point out non-sequiturs, logical flaws, and say things like: "Mr. Smith presents a non-sequitur in urging the Court to a series of overlapping decisions." "Mr. Smith leaps to his conclusion without any supporting authority or useful rationale." "Accepting Mr. Smith’s position involves unacceptable, implicit subsidiary decisions." "The only way that Mr. Smith’'s point can be correct, then, is if it is merely semantic; if it is less than trivial."
insurance defense is taking the depo of treating psychologist tomorrow in one of my PI /MVC cases. This psychologist hasn't seen my client since 2014. I'm not sure what all they plan to do with this depo. I'm guessing they're going to try to get the doc to say my guy had all these psychological issues back then so the present injury is not what is causing them. Yall think that's what they're doing?
Do you know what his prior psych issues are? have you talked to the doc? Have you reviewed the records? What does your client say? More importantly how severe is your crash and your injuries to even warrant trying to bring a mental anguish claim in the great state of Mississippi?
yah spoke with the doc and client and reviewed the records. It's a pretty bad crash. He's getting a rhizotomy tomorrow and may be headed towards back surgery if it doesn't work. He's had injections and nerve blocks now the rhizotomy. Can't work , dropped out of school cause he couldnt sit through class. He's been having a lot of mental issues since this.
Anyone do bankruptcy work? I have a case currently pending against an individual, his sole proprietorship, and his corporation. The individual filed for Chapter 13. I know that doesn't affect the businesses, but there's a hearing next week on his bankruptcy plan, which doesn't list the pending lawsuit as a liability. What issues do I need to look for?
one thing that has increased the value of my cases by a dickload is having the ESIs done at a surgery center instead of at the pain doctors office in a pain suite. i'm getting surgery center bills of like 60k for a triple level bilateral lumbar ESI, and it pretty much guarantees that you get 30k and 50k policies with just one injection.