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Yeah, I just found them. They look to maybe be the ticket. I am going to read up on them some more tonight and who knows, maybe try to find some time for a bit of pro bono myself. Shamefully it has been 10 years since my last pro bono work.
That is a very good idea in theory, but the issue there is that there's no way the attorney could effectively do a conflict check for each pro bono consult. That's a pretty significant ethical concern.
I'm sure there would be so the attorney would have some idea as to what sort of issues the individual wanted to discuss, but unless that attorney has his client database right there (not impossible with modern technology) and a paralegal with him there to help do the checks, it still seems ethically reckless.
Divorce case. I represent the wife. Husband runs a bar. After months (nearly a year) finally got the documents last week that prove the bar is worth almost twice what he's been claiming it's worth. Instead of her having to walk away with nothing but (under valued) child support. She's now getting a nice pay-off to give up her 50% interest in the bar.
Yeah. There's a medical malpractice case I've been working on for four years, knowing that we were just waiting for the Exception of Prescription (basically a motion to dismiss based on statute of limitations.) We finally had the hearing on it. Just got a judgment today - Exception denied based on a continuing tort.
How does this work? A motion to dismiss in Illinois (and federal court, IIRC) based upon statute of limitations does not go to the merits. It's just a legal defense. If you lose you still get to answer and then argue the facts on summary judgment or at trial.
An exception of prescription weighs certain evidence to decide whether we've got sufficient evidence to prove that the facially prescribed matter is actually not prescribed - so we took his deposition first. They based their defense on prescription, so he said "oh, yeah, I didn't even look at the report when it came in on X date." They argued that date was the date of malpractice. We said it was malpractice every single day he didn't look at it while he was the treating physician.
So that's more like a hybrid motion rather than straight statute of limitations argument. In Illinois for a statute of limitations motion the court treats the factual allegations as true but the defendant doesn't actually admit them.
Yeah - it's a peremptory exception, so the court considers the properly pled allegations as true, but where the allegations have prescribed on their face, the plaintiff may present evidence in the underlying contra non valentem argument. It's a weird system.
My uncle actually got one doctor to testify against another in open court over botching hand surgery on my uncle. The doctor who testified was the Dolphins team doctor for years but I digress. My uncle won the case and used the money to become an airline pilot back when that was a great job.Henry Ford said:
I usually enjoy Michael McCann's takes on sports law, but i think he's such a Pats homer that it's affecting his analysis.
Seems to me the NFL has lost more than won lately. Overturned on Rice. Overturned on Peterson. Made Hardy a good deal to avoid a total loss there. And this lawyer has beaten them in court more than once.
Different posture. The NFL didn't have a codified personal conduct policy that was part of the CBA. The procedure for competition-related discipline is pretty clear in the CBA.
There are takes that I just don't get. Milstein, who is getting lots of mileage out of representing Maurice Clarett (dude, you lost) keeps suggesting that Goodell had to be inherently biased. And I just don't see it.
Just talkin' to the guy, fish. Typically latin maxims like that were imported by the Americans. I'm not saying it's not law here, just talking history.
Well there are more than a couple factual issues with the investigation. For instance those pesky gauges and no one knows which was used. If you used one of them you got a lot of underinflated ballsHowever if you use the other you got 1 underinflated ball. Guess which one the NFL decided was used with no way to prove it?
You don't think the Civil Law and Latin have anything to do with each other?Look up the Codex Justinianus.
Btw of course I do, I meant Louisiana civil law. (Also, I agreed/liked your post not countering here, just making a comment, TIA).
Close enough. Let's say American citizen married a Ukranian national and brought them here. Let's say they have been married for a little over 3 years but the Ukranian hasn't gotten or even started the process to be a US citizen. She does have resident alien status. If they divorced could she stay or would she have to go back to Ukraine? In other words has she been here long enough to divorce and stay?
As I understand it, no. But I could ask. My entire knowledge of this issue comes from dating a woman that was nationalized as a russian bride. actually true.
