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Meatbag Esq.
May 3, 2006

Hmm which internet meme should go here again?
They just need to sue the government for promissary estoppel.

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mastershakeman
Oct 28, 2008

by vyelkin

Meatbag Esq. posted:

They just need to sue the government for promissary estoppel.

where's the detriment though. most of the government jobs, at least for lawyers, are far better than anything else except biglaw (heck, which is questionable due to the stress).

Meatbag Esq.
May 3, 2006

Hmm which internet meme should go here again?

mastershakeman posted:

where's the detriment though. most of the government jobs, at least for lawyers, are far better than anything else except biglaw (heck, which is questionable due to the stress).

They went to law school didn't they?

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
I will pay off my loans in 2022. Also about the time my kids (hopefully) will be in public school. Instant $40,000 annual household raise.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
I normally just delete those lawyer news blast emails, but today I finally broke the seal and clicked on one:

http://www.jdjournal.com/2017/03/31/power-rangers-star-sentenced-to-six-years-in-prison-for-murdering-roommate/

Hot Dog Day #91
Jun 19, 2003

I take my first vacation in three years and I get the loving flu coming home. And I got a flu shot too.

Nice piece of fish
Jan 29, 2008

Ultra Carp

Hot Dog Day #91 posted:

I take my first vacation in three years and I get the loving flu coming home. And I got a flu shot too.

Sounds like you had a pretty sick time, bro.

Nice piece of fish
Jan 29, 2008

Ultra Carp

terrorist ambulance posted:

lmao a third of a million dollars in debt. these people do it to themselves

I'm fairly newly minted and I'm in the hole for about 50 000$. For comparison, that's about equivalent to a tenth of the value of an average house.

Luckily they are socialism'd loans and are legally required to be just incredibly cheap. Almost no interest. The system works!

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Nice piece of fish posted:

Sounds like you had a pretty sick time, bro.

Boo this man! Boooo!

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
SOVEREIGN CITIZEN FURRY ALERT

(from the AUG thread) http://dogpatch.press/2017/04/10/rocky-mountain-fur-con-threat/

Nice piece of fish
Jan 29, 2008

Ultra Carp

blarzgh posted:

Boo this man! Boooo!

Listen, I'm humoristically challenged, okay. It's a legitimate disability.

I'm a freeposter of the land.

WaveLength
Nov 22, 2006

Feel the beat

terrorist ambulance posted:

It's not really answerable by us. Whether 1 is a good idea or not entirely hinges on who you'd be working for / with, whether he's going to be crazy or abusive or just garden variety neglectful. I don't know many people who articled for solos and had it be a good time, but if he's a good lawyer and good guy and you get along and will get good work delegated to you in an appropriate way it could be OK. It's like asking us if you want to partner up with someone, the question is necessarily going to be "well, who's the partner"?

2 is almost definitely the safer bet

Thank you. Point very much taken and I'll have to think about it over the next few weeks. Thankfully there's no pressure to decide until after my exams

Hot Dog Day #91
Jun 19, 2003

Nice piece of fish posted:

Sounds like you had a pretty sick time, bro.

I did! I saw Waitress, Hamilton, and Natasha, Pierre, and the Great comet.

Now I'm working from home while running a fever.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
The Saga of Ashton O'Dwyer

-OR-

How Not to Avoid Disbarment and Financial Ruin

https://www.youtube.com/watch?v=0fHjmubiWw4

https://www.youtube.com/watch?v=tt1lgUNKBMQ


http://www.nola.com/news/index.ssf/2008/11/new_orleans_lawyer_suspended_f.html

http://abovethelaw.com/2009/06/how-to-curse-out-a-judge-in-new-orleans/

http://www.nola.com/crime/index.ssf/2009/09/disbarred_lawyer_appeals_judgm.html

http://www.nola.com/crime/index.ssf/2010/01/new_orleans_lawyer_arrested_fb.html



http://www.lasc.org/opinions/2017/16B1848.OPN.pdf

Arcturas
Mar 30, 2011

blarzgh posted:

SOVEREIGN CITIZEN FURRY ALERT

(from the AUG thread) http://dogpatch.press/2017/04/10/rocky-mountain-fur-con-threat/

Hahahahaha. Oh man. This is hilarious. And awful. I can only hope the thumbprint is in blood.

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

Phil Moscowitz posted:

The Saga of Ashton O'Dwyer

-OR-

How Not to Avoid Disbarment and Financial Ruin

I see he drug out the final Louisiana disbarment for almost 9 years though - initial complaint filed in November 2008, final disbarment in March 2017.

Pook Good Mook
Aug 6, 2013


ENFORCE THE UNITED STATES DRESS CODE AT ALL COSTS!

This message paid for by the Men's Wearhouse& Jos A Bank Lobbying Group

blarzgh posted:

SOVEREIGN CITIZEN FURRY ALERT

(from the AUG thread) http://dogpatch.press/2017/04/10/rocky-mountain-fur-con-threat/

God drat. A furry newsletter does a better job describing sovereign citizens and their effect on other private parties than most national press.

Residency Evil
Jul 28, 2003

4/5 godo... Schumi

mastershakeman posted:

and those doctors with 300k+ of debt are absolutely the ones who are going to get the program canceled or curtailed into uselessness like Obama proposed

Don't hate the player :whatup:

170 but still.

CmdrSmirnoff
Oct 27, 2005
happy happy happy happy happy happy happy happy happy

WaveLength posted:

Thank you. Point very much taken and I'll have to think about it over the next few weeks. Thankfully there's no pressure to decide until after my exams

I've heard Montreal is politicky as gently caress and you could eat a lot of poo poo if you're not a true francophone, plus a host of other personality issues. We actually had someone for partial articles because they couldn't deal with their insane principal out there.

Toronto is pretty sweet and that seems like a waaaay safer option.

Sab0921
Aug 2, 2004

This for my justices slingin' thangs, rib breakin' kings / Truck, necklace, robe, gavel and things / For the solicitors seein' them dissents spin and grin / That robe with the lace trim that win.

Hot Dog Day #91 posted:

I take my first vacation in three years and I get the loving flu coming home. And I got a flu shot too.

WTF do you do that you've had no time off in three years? My firm lets us free a few times a year.

Hot Dog Day #91
Jun 19, 2003

Sab0921 posted:

WTF do you do that you've had no time off in three years? My firm lets us free a few times a year.

I have a toddler, so I haven't taken a vacation (without the child) since he was born 3 years ago.

I don't consider traveling with my kid for weddings or to family to be vacations.

Tokelau All Star
Feb 23, 2008

THE TAXES! THE FINGER THING MEANS THE TAXES!

Your job is a vacation. From poverty.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Tokelau All Star posted:

Your job is a vacation. From poverty.

You live in Hawaii, motherfucker.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

Hot Dog Day #91 posted:

I have a toddler, so I haven't taken a vacation (without the child) since he was born 3 years ago.

I don't consider traveling with my kid for weddings or to family to be vacations.

The difference between "vacations" and "trips" is very real.

WaveLength
Nov 22, 2006

Feel the beat

CmdrSmirnoff posted:

I've heard Montreal is politicky as gently caress and you could eat a lot of poo poo if you're not a true francophone, plus a host of other personality issues. We actually had someone for partial articles because they couldn't deal with their insane principal out there.

Toronto is pretty sweet and that seems like a waaaay safer option.

This seems to be the consensus of other people I've talked to as well. I just got within a hair's breath of those sweet biglaw golden cuffs and it's hard to let go of the dream, so the solo's biglaw connex were enticing

algebra testes
Mar 5, 2011


Lipstick Apathy
Nothing beats the old "My client's bad, your honour, but not statutorily really bad"

:radcat:

Sab0921
Aug 2, 2004

This for my justices slingin' thangs, rib breakin' kings / Truck, necklace, robe, gavel and things / For the solicitors seein' them dissents spin and grin / That robe with the lace trim that win.

Phil Moscowitz posted:

The difference between "vacations" and "trips" is very real.

For awhile, I considered weekends that weren't spent billing vacations.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Any Texas lawyers have experience with underinsured/uninsured motorist coverage, can I ask you a quick question via PM?

G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider

Phil Moscowitz posted:

Any Texas lawyers have experience with underinsured/uninsured motorist coverage, can I ask you a quick question via PM?

Both Rog and I can help you, holler at us.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
It's a pretty simple question - how does Texas law treat underlying limits when determining exposure of the UM carrier?

The statute says:

quote:

Underinsured motorist coverage must provide for payment to the insured of all amounts that the insured is legally entitled to recover as damages from owners or operators of underinsured motor vehicles because of bodily injury or property damage, not to exceed the limit specified in the insurance policy, and reduced by the amount recovered or recoverable from the insurer of the underinsured motor vehicle.

There are a couple ways to interpret this and the cases are inconsistent, probably because the language has changed slightly. I haven't done a ton of research and was hoping someone knows the answer as it's a common question (I know the answer in LA, MS, MO, and CA but every state seems to have a little variation on it).

Example A - tortfeasor has $50,000, but plaintiff settles for $40,000. UM limit is $100,000. Damages are $100,000. UM is entitled to a setoff of the full $50,000 "recoverable" regardless of the amount of the settlement, meaning UM exposure is $50,000. If damages were $200,000, UM would be on the hook for the $100,000 limit, since even with the $50,000 credit the exposure exceeds the $100k.

Example B - same policy limits. Plaintiff settles for $40,000. Plaintiff did not "exhaust" the underlying limits, so the tortfeasor driver is not "underinsured" and UM exposure is $0.

Example C - same limits. Because there is $50,000 in underlying coverage, the $100,000 UM limit is reduced by that coverage, meaning UM maximum exposure is $50,000 (even if damages are $200,000).

Example D - same limits. Plaintiff settles for $40,000. Because only $40,000 is recovered, UM gets a credit for only that amount (not the entire $50,000 he could have recovered).

Seems Texas is either A or D, but the statute could allow either and arguably could also allow C.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Nice piece of fish, here is a choice of law question in real time! I am trying to figure out whether to argue for Louisiana or Texas law to apply to this insurance contract.

Nice piece of fish
Jan 29, 2008

Ultra Carp

Phil Moscowitz posted:

Nice piece of fish, here is a choice of law question in real time! I am trying to figure out whether to argue for Louisiana or Texas law to apply to this insurance contract.

I'm reading and also interested. If it's not too much trouble, I'd love a quick summary on the relevant Louisiana statute as well, just for comparison. For funsies I'm going to compare it to "my" insurance law, so I might comment if I can understand the issue properly and make a comparison that makes any kind of sense.

Because I am a nerd.

Roger_Mudd
Jul 18, 2003

Buglord
Except for 3 months right out of law school, I've never worked for someone as a lawyer. Working now as a 6th chair on a products liability case.

Working for people sucks balls, how do you guys do this?

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

Nice piece of fish posted:

I'm reading and also interested. If it's not too much trouble, I'd love a quick summary on the relevant Louisiana statute as well, just for comparison. For funsies I'm going to compare it to "my" insurance law, so I might comment if I can understand the issue properly and make a comparison that makes any kind of sense.

Because I am a nerd.

The Louisiana statute doesn't have language like this. It simply says that automobile policies must provide coverage

quote:

for the protection of persons insured thereunder who are legally entitled to recover nonpunitive damages from owners or operators of uninsured or underinsured motor vehicles because of bodily injury, sickness, or disease, including death resulting therefrom[...]

For the purposes of this coverage the term uninsured motor vehicle shall, subject to the terms and conditions of such coverage, also be deemed to include an insured motor vehicle when the automobile liability insurance coverage on such vehicle is less than the amount of damages suffered by an insured and/or the passengers in the insured's vehicle at the time of an accident, as agreed to by the parties and their insurers or as determined by final adjudication.

This has been interpreted by Louisiana courts to mean that a UM carrier is obligated to the extent that the damages exceed the underlying coverage available. Example A, in my previous post. Insurers have tailored their contract language accordingly.

So, if A is the law in Texas, I'm not going to plead that Texas law applies and probably neither will anyone else because plaintiff lawyers are lazy and don't pay attention. If it's D, then I am definitely not pleading Texas law. But if it's either B or C, then I have to consider it.

Phil Moscowitz fucked around with this message at 00:51 on Apr 12, 2017

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

Phil Moscowitz posted:

plaintiff lawyers are lazy and don't pay attention.

says the guy asking plaintiff lawyers for texas law pointers lol

Vox Nihili
May 28, 2008

Another step further on the student loan death march, still many more to come:

https://www.bloomberg.com/news/articles/2017-04-11/devos-undoes-obama-student-loan-protections

https://www2.ed.gov/documents/press-releases/student-loan-servicer-recompete.pdf

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Roger_Mudd posted:

Except for 3 months right out of law school, I've never worked for someone as a lawyer. Working now as a 6th chair on a products liability case.

Working for people sucks balls, how do you guys do this?

Is the government people?

if so: Lots and lots of paid vacations.

Nice piece of fish
Jan 29, 2008

Ultra Carp

Phil Moscowitz posted:

The Louisiana statute doesn't have language like this. It simply says that automobile policies must provide coverage


This has been interpreted by Louisiana courts to mean that a UM carrier is obligated to the extent that the damages exceed the underlying coverage available. Example A, in my previous post. Insurers have tailored their contract language accordingly.

So, if A is the law in Texas, I'm not going to plead that Texas law applies and probably neither will anyone else because plaintiff lawyers are lazy and don't pay attention. If it's D, then I am definitely not pleading Texas law. But if it's either B or C, then I have to consider it.

Pretty interesting. I was scratching my head trying to figure out why I couldn't off the top of my head think of a comparison to our insurance law, so I looked up the statutes and almost smacked myself in the face. Of course I've never heard of this issue, we don't have it.

Our solution follows from a special car liability law, wherein any car on the road is legally required to have insurance. The insurance limit of such policy may never be lower than:

- bodily injury etc.: Unlimited.

- material damages: limited to around 1,5 million USD

If the car in question doesn't have insurance, it is still insured and the cost is spread among all licensed insurers. Only in cases of DUI may the company (companies) claim regressus, or recover cost from the culpable party.

Where this gets interesting, however, is when your field comes in.

If it's a domestic accident with domestic parties, the law applies regardless. If the culpable party is foreign, with or without insurance, the law applies to the benefit of the damaged party - even when the accident happens anywhere in the EU/EEA area. If, however, a foreign citizen has an accident caused by a domestic citizen the case is tried in the foreign country, but with liability according to the domestic insurance terms. In cases of domestic accidents with foreign (insured or uninsured) parties, it looks like the case should be tried in the country of origin of the tortfeasor with their insurance law and insurance terms, however there are exceptions (because there are always exceptions) - because of an approval requirement for foreign insurance coverage. Not gonna get into that.

This is apparently "cross border" insurance law, and not something 99% of us ever touch, because it's never an issue. Almost always, the law applies and gives about as good a coverage as you could reasonably need.

We have similar problems to what you're talking about in contract law, but that's not really subject to statutory regulation in the same way.

Let me know what the correct answer turns out being, it's pretty interesting stuff.


nm posted:

Is the government people?

I'm not even sure it's human.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Roger_Mudd posted:

Except for 3 months right out of law school, I've never worked for someone as a lawyer. Working now as a 6th chair on a products liability case.

Working for people sucks balls, how do you guys do this?

You have to use a flared base, and work the sphincter muscles loose slowly and gradually.

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Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

Nice piece of fish posted:

Pretty interesting. I was scratching my head trying to figure out why I couldn't off the top of my head think of a comparison to our insurance law, so I looked up the statutes and almost smacked myself in the face. Of course I've never heard of this issue, we don't have it.

Our solution follows from a special car liability law, wherein any car on the road is legally required to have insurance. The insurance limit of such policy may never be lower than:

- bodily injury etc.: Unlimited.

- material damages: limited to around 1,5 million USD

How barbaric! Sounds like socialism. How much do these unlimited liability policies cost?

Here in the US we also have mandatory liability insurance. Each state mandates that people have liability insurance in a particular amount (varies by state, for example in Louisiana it's $15,000 per person, but in Florida it's $10,000 and Alaska it's $50,000). Of course that doesn't really pay for much when you are hospitalized with a broken anything, much less have major injuries like brain or spine which are very common biomechanical results from auto accidents. Also there are countless yokels driving around without any insurance at all. Only a crime if you get caught!

So the solution has been to require insurance companies to provide "underinsured motorist coverage" to bridge the gap between a tortfeasor's limit and your actual injuries. Most states require this coverage to be at a minimum the amount of liability coverage on the policy. Of course, the insurance company allows you to waive this coverage and pay a lower premium, if you want.

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