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The Lawyer Thread Where We Stop Ruining Other Threads (7 Viewers)
- Thread starter Henry Ford
- Start date
Thorn
Footballguy
I feel like woz purposely misuses a word or creates a nonsensical phrase at least once per day, like a perverse Easter egg hunt for dorks.
Henry Ford
Footballguy
Henry Ford
Footballguy
-fish-
Footballguy
in some complex cases, you know that you are going to need more than one day and the good mediators book months out, so you get two dates up front.
Henry Ford
Footballguy
Gotcha. I guess I don't consider a second day to be a second mediation. That's dumb of me.
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-fish-
Footballguy
not back to back days. you do one, the carriers all need to go back for more authority and report, and they come back a couple weeks or a month later with more authority.
Thorn
Footballguy
That sounds like a lot of posturing. Can we just pretend we did the "first" mediation and show up at the "second" one with realistic numbers and authority to settle?
Henry Ford
Footballguy
-fish-
Footballguy
I've always been a Plaintiff's guy. I don't know what the hell goes on in their minds.
They've had my settlement demand for 6 weeks. It took 5 hours for them to put an offer on the table. Now we're only 90% apart.
Thorn
Footballguy
Is mediation required there? In my state, it's mandatory for everyone to show up with authority and to bargain in good faith. If an insurance person said, let's come back another day after I obtain more authority, the mediator would file her (required) report to the court with the box checked that Defendant did NOT attend with authority.
Henry Ford
Footballguy
Henry Ford
Footballguy
Zow
Footballguy
Zow
Footballguy
Yankee23Fan
Fair Tax!
Our family courts issue tentative orders on motions - basically the judge gives you a heads up as to what their order is going to be based on the filings and legal arguments prior to oral argument. You choose to accept them or not.
I just got what has to be the most well reasoned, fair, and totally reasonable tentative decision I have ever seen on a disputed family case. I'm literally in disbelief that such a reasonable order could be drafted. I've never seen anything like it. And I didn't even win every point. In fact, I lost a pretty big one. But I can't argue with the path the judge took to get there and the entirety of the order shows a reasonable and thoughtful process of trying to be fair to everyone within the confines of the law and making sure the ultimate issues of importance or dealt with correctly.
I would frame this thing but I'd have to redact all of it but still. I like this judge.
I just got what has to be the most well reasoned, fair, and totally reasonable tentative decision I have ever seen on a disputed family case. I'm literally in disbelief that such a reasonable order could be drafted. I've never seen anything like it. And I didn't even win every point. In fact, I lost a pretty big one. But I can't argue with the path the judge took to get there and the entirety of the order shows a reasonable and thoughtful process of trying to be fair to everyone within the confines of the law and making sure the ultimate issues of importance or dealt with correctly.
I would frame this thing but I'd have to redact all of it but still. I like this judge.
-fish-
Footballguy
Guys that showed up at mediation with no authority just got caught not disclosing 500 boxes of potentially relevant documents for a year, even after I got a motion to compel and then an order sanctioning them for not complying.
Could be a rare case where discovery abuses are so bad that the court strikes their answer and I get a default judgment.
Could be a rare case where discovery abuses are so bad that the court strikes their answer and I get a default judgment.
Thorn
Footballguy
I have a case (still ongoing) where I have had to ask for 3 discovery conferences, an order compelling df to show up at a depo, and at one point, when they said the df was physically unable to be deposed, the court asked for a doctor's note, and that note said "nope he's fine, just needs to watch his insulin."
My request for sanctions (including default) got me cost of deposition and attorney's fees for matters related to discovery disputes, capped at $1500.
Ned Ryerson
Footballguy
I apologize for asking what is a fairly stupid question, but this seems like a safe place (i hope), and while I litigate I am not a seasoned litigator, as compared to many others here.
What "community of interest" is required for two parties to file a lawsuit against the same defendant?
My scenario is as follows. Party A has a claim against my client under the Lanham Act (the federal trademark statute for those that do not know) for trademark infringement. Party B also has a claim against my client under the Lanham act, but for false advertising. The act bringing rise to the false advertising claim has nothing to do with the act giving rise to the trademark infringement claim.
Under this scenario, are A & B entitled to sue my client in the action? if not, what is the proper the proper response to the Complaint.
Civ pro expertise greatly appreciated.
What "community of interest" is required for two parties to file a lawsuit against the same defendant?
My scenario is as follows. Party A has a claim against my client under the Lanham Act (the federal trademark statute for those that do not know) for trademark infringement. Party B also has a claim against my client under the Lanham act, but for false advertising. The act bringing rise to the false advertising claim has nothing to do with the act giving rise to the trademark infringement claim.
Under this scenario, are A & B entitled to sue my client in the action? if not, what is the proper the proper response to the Complaint.
Civ pro expertise greatly appreciated.
Sweet J
Footballguy
Henry Ford
Footballguy
You're looking for the scope of Rule 20 - Permissive Joinder. Same transaction or occurrence, or series of transactions or occurrences; and common issue(s) of law or fact between the parties
Ned Ryerson
Footballguy
Thanks. Presuming that I feel as if there is no "question of law or fact common to all plaintiffs", can the case be dismissed?
Henry Ford
Footballguy
No, but if the judge determines that he/she feels there's no question of law or fact to all plaintiffs, it might be severed as an improper joinder, giving your client two cases instead of one.
Sweet J
Footballguy
curious -- why or why not would someone in Ned's client's position want to sever the cases? Two separate cases increases the costs, no?
Henry Ford
Footballguy
Wait - where did the trademark infringement action get filed?
Aerial Assault
Footballguy
Henry Ford
Footballguy
Plaintiffs like to band together to share expert/filing/etc. costs. It keeps a contingency fee lawyer from being too overextended, and they can work on things together and present a united front. Defendants would often prefer they have to try those cases separately, and have extra pressure to settle.
Ned Ryerson
Footballguy
Aerial Assault
Footballguy
.Right. Improperly or questionably joined cases almost always feature a weak sister, too, which may not even be pursued (or can more swiftly be disposed of) if severed.
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Sweet J
Footballguy
"Motion to F^ck this Court and Everything It Stands For." http://www.scribd.com/doc/262808205/Notice-to-####-This-Court-and-Everything-That-It-Stands-For
I've just read the first page and a half, and it's magnificent. As with any good legal brief, it starts out gentle:
I've just read the first page and a half, and it's magnificent. As with any good legal brief, it starts out gentle:
I've only gotten that far. I hope it stays just as good.
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njherdfan
Footballguy
She gets to the Sovereign Citizen argument on page 3, so I would say that it improves.
Yankee23Fan
Fair Tax!
I don't do that area of law but I have to think that if both have a colorful case that the court would sever it instead of dismiss it.
Yankee23Fan
Fair Tax!
I am so using this somehow. I have to.
PatsWillWin
Footballguy
DocGonzo
Footballguy
I printed out that Notice to **** This Court etc and dropped it on the chair of a guy with whom I share office space. I put a sticky note on the front: "This lady stopped in while you were out and dropped this off. She wouldn't say who referred her to you but she was adamant that she wanted you to help out her out. Give it a read and then see me and I'll give you her contact info."
He might be gone for the weekend already, but I'm hoping he gets it off his chair before someone e-mails him the story.
I've been inconsistent in my Internetting since about January and haven't checked in much here. Hope everyone is doing well in their respective endeavors.
He might be gone for the weekend already, but I'm hoping he gets it off his chair before someone e-mails him the story.
I've been inconsistent in my Internetting since about January and haven't checked in much here. Hope everyone is doing well in their respective endeavors.
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Yankee23Fan
Fair Tax!
No the understory is much more complicated. But for the purposes of the WTF moment it doesn't matter. And I'm still dealing with this.
Sweet J
Footballguy
It sounds like a crazy story and I'm eager to hear the resolution. People like that make my blood boil. I think there is a reason I'm not a litigator -- I would die of an early heart attack from years of stress caused by me having to resist the urge to choke this living sht out of whatever jackhole I'm dealing with that day.
And in your case, I was assuming it had to do with the transfer of property. They guy was maybe purchasing but couldn't move in until a specified date? Or maybe he purchased but there is an existing renter that is being allowed to stay in for a certain amount of time?
Yankee23Fan
Fair Tax!
Of your attempts to guess I can only say this. Never own property with family. (husband wife aside obviously)
Thorn
Footballguy
There are only two categories of people you should own real estate jointly with:
1. spouse
2. written agreement
Thorn
Footballguy
Practice question -
How do you guys do you calendar/tickler/reminders? My system is awful. I end up being good at putting the ball back in other people's court based on a simple handwritten "to do" list. I also don't miss actual deadlines because I put them in my outlook, and because I have a real fear of missing them (ie I will triple check when a deadline is), but my weakness is checking up on something when I have put the ball in the other side's court, and a few weeks have gone by with no reply. As a result, it's often not until a client calls for an update that I realize the other side just hasn't replied.
I would like to get better at this.
How do you guys do you calendar/tickler/reminders? My system is awful. I end up being good at putting the ball back in other people's court based on a simple handwritten "to do" list. I also don't miss actual deadlines because I put them in my outlook, and because I have a real fear of missing them (ie I will triple check when a deadline is), but my weakness is checking up on something when I have put the ball in the other side's court, and a few weeks have gone by with no reply. As a result, it's often not until a client calls for an update that I realize the other side just hasn't replied.
I would like to get better at this.
Yankee23Fan
Fair Tax!
I have 3 calendars. Handwritten on my desk (the big ones) with reminders on everything, a e-calendar that is linked to my phone so that I have it everywhere with me, and when it comes to deadline dates for discovery and whatnot I have a white board hanging in my office with those dates written down so that I see them coming.
Henry Ford
Footballguy
Henry Ford
Footballguy
150+ plaintiff mass tort action I tried liability on many weeks ago was slated to have closing arguments and a verdict on Thursday.
Got a call from the judge today. It has to be rescheduled. I had 100+ plaintiffs lined up to be in the gallery for the verdict. I now have to notify them all of the change and hope some can get off of work to get there.
Got a call from the judge today. It has to be rescheduled. I had 100+ plaintiffs lined up to be in the gallery for the verdict. I now have to notify them all of the change and hope some can get off of work to get there.
Yankee23Fan
Fair Tax!
Oof. Good luck
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