Lawyer thread

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

  1. Tilly

    Tilly Souf Cack
    Donor TMB OG
    South Carolina Gamecocks

    Lol. Probably so if he had said south Carolina in his post. But I just know the jurisdictional shit like the back of my hand, so didn't event take me a quarter hour really.

    And always happy to help on here, unless it is a South Carolina case. Then it is show me (literally) all the money.
     
  2. 941Gator

    941Gator TMB's resident beach bum
    Staff Donor
    Florida Gators

    my situation as well. our "big" cases do pay out a little more but it's more about how interesting, exciting, complex, etc. Those of course come with bigger stakes, which means more work. I spoke to a person from the Dr. Phil show today. They want us and our client on. We have multiple cases that have had threads on tmb started about the crime/incident our client did. Shit, I've read threads on here and thought "what an idiot" and then got a call from the guy a week later, not even realizing where the crime happened.
     
  3. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    My appeal in the 11th Circuit just got granted for oral arguments. I might be in front of the Supreme Court in a year or two
     
  4. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    For a, lets call it medium in complexity, med mal trial, how long would you prepare in advance? I've blocked off two entire weeks before trial and I'm not sure if that is even enough. I've done everything in this litigation thus far and we're closing in on trial (over the summer). I know it like the back of my hand. Still gonna have a ton of trial prep.
     
  5. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Totally depends on you and, the case, but I've always heard the rule of thumb is at least 2 hours preparing for every 1 hour in the courtroom.
     
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  6. 941Gator

    941Gator TMB's resident beach bum
    Staff Donor
    Florida Gators

    There will be a point in your career where trial prep won't be a huge deal for most cases, but we're not there yet ha. I say prepare as much as you can time wise, it's also prep for future trials (or so I think).
     
  7. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    I prep for trial as I work the file. I'll have a working draft of the plaintiff's cross before I take his deposition and then adjust it as I go.
     
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  8. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    in alabama if a child is adopted does that sever his right to inherit from the biological parent absent special language in the order stating otherwise? that's how it works in MS. I have a death case where the child of the decendent was adopted in Alabama and I'm trying to figure out if he's a heir at law or wrongful death beneficiary. i believe the answer is no.

    actually just read this

    We see no ambiguity in § 43–8–48(1). It clearly states that an adopted child is not the child of its natural parents “for purposes of intestate succession.” The single exception is where the adoptive parent is “spouse of a natural parent.” It is undisputed that the exception does not apply in this case.1

    Ellis v West
     
    #3958 RJF-GUMP, Feb 6, 2017
    Last edited: Feb 6, 2017
  9. Pelican Grove

    Pelican Grove You know me
    New Orleans PelicansNew Orleans SaintsMississippi Rebels

    SIAP

    Does anyone have experience composing Royalty Contract agreements?

    I need something that essentially says, "I can use your music, and if this makes X amount of profit, then you will be paid X% of that amount."
     
  10. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    and then there's this:
    1 MS Prac. Encyclopedia MS Law § 3:38 (2016 ed.)

    Encyclopedia of Mississippi Law

    October 2016 Update

    Jeffrey Jackson

    Mary Miller

    Donald Campbell

    Chapter 3. Adoption*

    Meta S. Copeland, Esq.**

    X. Effect of Adoption

    § 3:38. Inheritance rights—Natural parents

    An adopted child can inherit from his or her natural parents and maintain a wrongful death suit for the death of his or her natural parent.1 Section 93-17-13 does not prohibit an adopted child from inheriting from his or her natural parents, and the Mississippi Supreme Court has determined that the legislature “intended for the child to continue to inherit from his or her natural parents.”2 Also, in an estate where the property of the deceased is located in Mississippi, Mississippi's intestate laws will apply in determining if a child is a proper wrongful death beneficiary or can inherit from the natural parent. This is the case even if the child was adopted in another state which does not allow an adopted child to inherit from their natural parents.3
     
  11. Magneto

    Magneto Thats right, formerly Don Brodka.
    Donor
    Florida State SeminolesTampa Bay BuccaneersSwanseaWichita State ShockersHartford WhalersSeattle SupersonicsGeorgetown Hoyas

    Being a Probate attorney in Mississippi sounds like fun.
     
  12. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    lineal descendants take to the exclusion of collaterals in intestate succession here. So the son is the sole heir at law. But a sibling can sue for wrongful death. So I was thinking that although he was the sole heir at law that the sister would still be a wrongful death beneficiary. then i just read a case saying that when a dude died and had a bunch of siblings and one kid that had been adopted the kid was the sole heir at law and sole wrongful death beneficiary. i thought the siblings would be WDBs too even if they weren't heirs at law. so trying to figure this out now.
     
  13. Tilly

    Tilly Souf Cack
    Donor TMB OG
    South Carolina Gamecocks

    In sc, you have no rights to intestate succession after the adoption is finalized. Idk about wrongful death but I would presume it is the same.
     
  14. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    the interplay between inheritance and wrongful death is quirky at times. assume nothing.
     
  15. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    i might be screwed here. if the sister isn't a WDB and the son is the sole WDB and he was adopted at a very early age and had no real connection to the biological father-then the non economic damages could be smaller. On the other hand you can still sue for economic damages and for the suffering the decedent went through. Although I don't think you could argue much in the way of loss of support etc as he wasnt depending on him financially. This got sideways quick.
     
  16. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    how much is one minute of conscious pain and suffering prior to death worth? aware of any verdicts/settlements along those lines? i vaguely recall a truck driver burning to death in cab and a huge verdict with very few minutes of pain prior to death
     
  17. Bishop

    Bishop Future Member
    Donor
    Auburn TigersBoston Red SoxAtlanta BravesAtlanta FalconsAtlanta UnitedGrateful DeadSneakers

    Canadian Customs Questions - Anyone a immigration lawyer? I know most are busy with real problems.

    I am trying to visit Montreal this summer, but I have a DUI on my record. I am trying to find out if I will be allowed in the country. Got arrested for DUI in March/April 2007, but went through the courts for over a year and didn't plea guilty till September 2008. Nothing on my record since.
     
  18. 941Gator

    941Gator TMB's resident beach bum
    Staff Donor
    Florida Gators

    came to mock you, but then I saw http://www.canadaduientrylaw.com/
     
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  19. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    It can be worth a lot. In this one, the defense lawyer idiotically said something to the effect of it being a "mercifully quick" death. The plaintiff's lawyer took his watch off in front of the jury and waited for the time period (whatever it was) during his closing.

    http://www.thenationaltriallawyers.org/2016/12/georgia-appeals-court-affirms-40m-jeep-fire-verdict/
     
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  20. Nelson

    Nelson Can somebody please get Ja Rhule on the phone
    Donor
    Nebraska CornhuskersDenver NuggetsDenver BroncosColorado AvalanceBorussia DortmundManchester UnitedColorado State Rams

    Had to do jury duty this morning and was learning stuff from the juror education film they play at the beginning

    :welpseeyalater:
     
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  21. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    You'd be fucking retarded to pursue loss of support for a kid who was adopted by somebody else. If you've got the real party in interest, your only hope would be punitives.
     
  22. bro

    bro Your Mother’s Favorite Shitposter
    Donor
    Tennessee VolunteersLos Angeles DodgersBuffalo BillsBuffalo Sabres

    doing immigration work in my 3L year after previously taking the course, especially at this political moment, is proving to be the most enjoyable stuff I have worked on so far.
     
  23. Bishop

    Bishop Future Member
    Donor
    Auburn TigersBoston Red SoxAtlanta BravesAtlanta FalconsAtlanta UnitedGrateful DeadSneakers

    Yeah its a real thing. Know a few people who got denied entry while on business trips.
     
  24. bro

    bro Your Mother’s Favorite Shitposter
    Donor
    Tennessee VolunteersLos Angeles DodgersBuffalo BillsBuffalo Sabres

    PM'd you some stuff I was able to pull, nothing groundbreaking. Hope you get to go. Love Montreal
     
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  25. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    i dont think anyone is going to have much of a consortium claim or present net cash value claim. probably gonna mostly conscious pain and suffering
     
  26. Tilly

    Tilly Souf Cack
    Donor TMB OG
    South Carolina Gamecocks

    Anyone ever seen a settlement agreement be conditioned upon the signing of an affidavit recanting all of the claims you made which forced the settlement? I.E. Allegations of fraudulent conduct, tax evasion, etc.
     
  27. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    In a turn of events I think the son is going to take on the case. Apparently he actually had a relationship with his dad until age 8 then was adopted then didn’t see him again until age 18. at the time of the decedents death they didn’t have a great relationship. Not sure how much the consortium is worth there or even worth asking for. However, He was robbed of a chance to ever turn that relationship around. And then there is still the conscious pain and suffering. I guess the sister is just out of the equation if son decides to pursue because son is technically the sole wrongful death beneficiary and heir at law. I don't think punitives are going to be much at play, getting punitives in MS is extremely difficult. I obviously wouldn't ask for loss of support.
     
  28. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    no
     
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  29. Craig Pettis

    Craig Pettis Que será será motherfucker
    Donor
    Memphis TigersTennessee VolunteersSt. Louis CardinalsMemphis GrizzliesMetalPoker

    Throw in a non-disclosure and that sounds like a solid settlement agreement
     
  30. Magneto

    Magneto Thats right, formerly Don Brodka.
    Donor
    Florida State SeminolesTampa Bay BuccaneersSwanseaWichita State ShockersHartford WhalersSeattle SupersonicsGeorgetown Hoyas

    Just signed a contract to stay on permanently with the company I was hired seasonally for.
     
  31. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    dang it i forgot these tort claim cases are bench trials. not sure how much a judge will give me for conscious pain and suffering. like my chances with a jury better.
     
  32. Magneto

    Magneto Thats right, formerly Don Brodka.
    Donor
    Florida State SeminolesTampa Bay BuccaneersSwanseaWichita State ShockersHartford WhalersSeattle SupersonicsGeorgetown Hoyas

    Why was that filed as a bench trial?
     
  33. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    all tort claims act cases in Mississippi are bench trials. it was part of tort reform. damn chamber of commerce
     
  34. Magneto

    Magneto Thats right, formerly Don Brodka.
    Donor
    Florida State SeminolesTampa Bay BuccaneersSwanseaWichita State ShockersHartford WhalersSeattle SupersonicsGeorgetown Hoyas

    Ouch, that sounds brutal (and borderline unconstitutional).
     
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  35. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    woof
     
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  36. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    yah they capped the damages too on tort claim cases but our juries are so bad that i've heard trial lawyers say they dont think a bench trial is that bad.
     
  37. Magneto

    Magneto Thats right, formerly Don Brodka.
    Donor
    Florida State SeminolesTampa Bay BuccaneersSwanseaWichita State ShockersHartford WhalersSeattle SupersonicsGeorgetown Hoyas

    Are these Tort claims versus the state or municipalities, or all tort cases in general?
     
  38. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    no just claims brought under the Mississippi Tort Claim Act which are those against political subdivisions of the state of mississippi
     
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  39. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    Granted, wrongful death in Alabama is punitives only, so my evaluation won't be the best on this one. But, what in the hell kind of fact scenario do you have where somebody died where punitive damages wouldn't "be much at play?" Is there no way for gross negligence?
     
  40. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    an instruction for punitives hardly ever makes it to a jury in south mississippi. often gets killed at the summary judgment stage.
     
  41. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    Completely missed that this was under the Tort Claims Act...
     
  42. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    How are you getting around immunity?
     
  43. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
    Donor
    New York GiantsNew York YankeesAtlanta UnitedUCF Knights

    Who else listened to the 9th Circuit oral arguments on the EO?
     
  44. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    reckless disregard is the standard there's a 10 prong test laid out between 2 cases. going 70 in a 45 no blue lights, no sirens, not on a way to an emergency or crime
     
  45. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    norris and 1. BOOMSHAKALAKA
     
  46. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    SUCK IT MOTHERFUCKERS!
     
  47. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    YOU'RE GETTING BEAT BY A DII TEAM!
     
  48. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

  49. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    mike yurcich is such a scrub he doesn't even has his own wiki page. we can't have an OC that doens't even have his own wiki page
     
  50. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    AVERY JOHNSON JR UP IN THAT BOOTY!