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Settled a medmal case for $2.8M this morning. Taking day off to post.
Poast new message in this thread
Date: April 17th, 2024 3:59 PM Author: spruce shrine prole (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591158) |
Date: April 17th, 2024 4:01 PM Author: boyish bronze round eye How much were your expenses?
How long did it take to resolve?
How thick was OC's cock?
How tough was it to overcome the MSJ?
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Date: April 17th, 2024 4:28 PM Author: spruce shrine prole $9500 Seven months It was a lady No MSJ |
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Date: April 17th, 2024 6:30 PM Author: Concupiscible judgmental menage haunted graveyard Wtf they settled for that much in a medmal despite caps, without expert deps, without beating msj
For the millionth time I am in the wrong state |
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Date: April 17th, 2024 10:06 PM Author: irate famous landscape painting faggot firefighter Yup in other states this isn’t even a high amount. I’ve seen billions. (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47592136) |
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Date: April 17th, 2024 11:04 PM Author: spruce shrine prole The facts were horrible. When we took it I figured it was $10M minimum but it turns out the defendants were broke and underinsured. (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47592286) |
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Date: April 17th, 2024 4:02 PM Author: Aquamarine nowag When are you going to retire? (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591170) |
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Date: April 17th, 2024 4:28 PM Author: spruce shrine prole Can't retire on that much, mate. Also I don't plan to ever retire. I love PWNing lawyers too much. (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591241) |
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Date: April 17th, 2024 5:13 PM Author: Aquamarine nowag You’ve had a successful 20-year legal career how are you not in a position to retire? (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591405) |
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Date: April 17th, 2024 6:12 PM Author: spruce shrine prole I have an interesting family history that's had lots of setbacks (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591540) |
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Date: April 17th, 2024 6:25 PM Author: talented cheese-eating den Respect (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591582) |
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Date: April 17th, 2024 6:29 PM Author: Soul-stirring aggressive personal credit line police squad you’re a degenerate freak and a terrible father (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591598) |
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Date: April 17th, 2024 6:30 PM Author: spruce shrine prole I'LL FUCKING KILL YOU (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591602) |
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Date: April 17th, 2024 6:37 PM Author: Concupiscible judgmental menage haunted graveyard thanks to the snitch rule I'm now obligated to report this
Sorry bro :( |
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Date: April 17th, 2024 7:08 PM Author: Soul-stirring aggressive personal credit line police squad not before your sterile kids kill themselves due to your awful parenting (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591721) |
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Date: April 17th, 2024 8:02 PM Author: Sooty Hominid Candlestick Maker (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591818) |
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Date: April 17th, 2024 6:24 PM Author: Maniacal shitlib How is settling the case Pwning the other lawyers? (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591580) |
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Date: April 17th, 2024 6:27 PM Author: spruce shrine prole Nah man you PWN them along the way to achieve the settlement.
(or in your case hope to squeak past MSJ and settle for a waiver of costs)
Either way, PWN, PWN, PWN. |
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Date: April 17th, 2024 7:53 PM Author: puce excitant athletic conference CR (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591801) |
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Date: April 17th, 2024 6:29 PM Author: talented cheese-eating den Come on man. You are presumably a “counselor” (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591595) |
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Date: April 17th, 2024 8:01 PM Author: Maniacal shitlib Maybe the doc fucked up and the case should have settled. (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591816) |
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Date: April 17th, 2024 4:03 PM Author: cocky karate bitch bois, ur response? (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591176) |
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Date: April 17th, 2024 4:09 PM Author: violet pistol do you do a lot of medmal? i've heard it's really hard for people that don't specialize in it. (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591204) |
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Date: April 17th, 2024 4:30 PM Author: spruce shrine prole Nah, this is only our third. It's a bitch in CA unless you run a MedMal mill, because of the $300K MICRA limit on non-economic damages for injuries. We only got that much due to lost future income. (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591245) |
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Date: April 17th, 2024 4:11 PM Author: chocolate wonderful main people fortuitous meteor did you share the case with a med mal lwyer or something or just learn med mal on the fly (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591206) |
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Date: April 17th, 2024 4:31 PM Author: spruce shrine prole We've done a couple. There are lots of details, but it's not exactly an intellectual challenge if you just follow the Rutter guide (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591248) |
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Date: April 17th, 2024 4:45 PM Author: chocolate wonderful main people fortuitous meteor duty breach cause harm
which is the hardest? |
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Date: April 17th, 2024 5:01 PM Author: spruce shrine prole Depends on the case of course. Breach is hard on borderline cases, but damages is always hard bc of MICRA (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591357) |
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Date: April 17th, 2024 4:49 PM Author: Drab exhilarant gunner Do you want to co-counsel on my medmal case? We defeated D's demurrer to battery claim so damages aren't capped by MICRA. Client went in for a hip replacement, doctor performed a completely different procedure than what was consented to pre-op and completely fucked it up. Client woke up from surgery with a 1" discrepancy in legs and permanently hobbled now. (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591304) |
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Date: April 17th, 2024 5:01 PM Author: spruce shrine prole Does client post? (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591361) |
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Date: April 17th, 2024 5:06 PM Author: Drab exhilarant gunner No (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591376) |
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Date: April 17th, 2024 6:07 PM Author: spruce shrine prole Damages are such a bitch I don't think it's feasible to split the fees on medmal cases. Also I hate them. (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591530) |
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Date: April 17th, 2024 6:08 PM Author: Drab exhilarant gunner Are generals not on the table? First medmal case here (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591533) |
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Date: April 17th, 2024 6:11 PM Author: spruce shrine prole I think you're right, but that's like owning a handful of lottery tickets. Juries can be stingy assholes because to many of them $500K is an unimaginable sum of money. You need Nick Rowley to explain how to get them to fork over a lot. (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591537) |
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Date: April 17th, 2024 6:12 PM Author: Drab exhilarant gunner That's what we'd bring you in for (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591539) |
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Date: April 17th, 2024 6:16 PM Author: talented cheese-eating den He’s giving you what’s known in the industry as a polite pass. (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591551) |
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Date: April 17th, 2024 6:17 PM Author: spruce shrine prole I know my limitations. I've won 9 out of 10 jury trials by being simple and straightforward, but I don't have that weird charisma that makes juries award outlier verdicts. Even our $44M in that one case was the midpoint of the $13M to $96M we presented. (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591553) |
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Date: April 17th, 2024 6:18 PM Author: talented cheese-eating den You are a great screener among other things it sounds like. 👍 (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591557) |
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Date: April 17th, 2024 5:55 PM Author: talented cheese-eating den Hi Peter. I think you mentioned this case before awhile ago. I suggested you pass on it but I’m sure I was wrong. Do you have two SOC surgeons on board? The lack of informed consent claim is usually pretty hard to prevail on but if you pled it as battery it must have been egregiously outside the scope of consent. The damages sound less than ideal frankly but I’m sure you can develop that. The big thing at this point: do you have two standard of care surgeons who would qualify as experts in court in California. |
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Date: April 17th, 2024 6:08 PM Author: Drab exhilarant gunner Yeah we have experts. But how is being permanently hobbled and needing multiple future orthopedic procedures "less than ideal"? I took the case because it's a family friend and nobody else would take it. But medmal attorneys rarely take anything, and they certainly didn't assess value with battery claim. (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591531) |
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Date: April 17th, 2024 6:13 PM Author: talented cheese-eating den You did the guy a solid if you were actually able to find two unimpeachable surgeons practicing within a year of the time of the event complained of, who ideally aren’t advertising their testimonial services, both of whom have identified ways in which the surgery itself probably fell below the standard of care in ways that caused or contributed to the height difference (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591543) |
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Date: April 17th, 2024 6:24 PM Author: talented cheese-eating den Needless to say, surviving demurrer isn’t anything significant except in commercial litigation or creative cases. I hate to shit on a case for a guy trying to help a brothah out or say I told you so but really truly I’m not altogether dumb evaluating this stuff. |
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Date: April 17th, 2024 6:28 PM Author: spruce shrine prole tbcf having a battery claim survive demurrer means that it goes to trial. It's not like they'll develop evidence in discovery to show that the dude consented to the operation he got. (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591593) |
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Date: April 17th, 2024 6:30 PM Author: talented cheese-eating den That’s not how demurrer works in my state. It’s all about the pleadings. It’s probably the same in your state and you are just shit stirring for fun but okay. Edit lol read it again and it’s 100 percent shit stirring. Good job. Stop doing that w people whose baseline is sincerity.
Also don’t make fun of Peter even though I told him don’t take that case a year ago. He was reaching out for help just now which admittedly he wouldn’t need if he had listened to me instead of board retards saying shit about me. |
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Date: April 17th, 2024 6:38 PM Author: spruce shrine prole Lol no I mean it. Getting past the pleadings means he stated a claim that an unconsented surgery = battery. It's not like there's some higher standard at SJ where the judge is going to be like, "wait a sec let me think about this more closely; is an unconsented surgery REALLY a battery??"
There's an appellate risk, but I assume he had some supporting authority or we wouldn't have survived the demurrer. |
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Date: April 17th, 2024 6:41 PM Author: talented cheese-eating den lol you devil (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591655) |
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Date: April 17th, 2024 8:09 PM Author: bearded twinkling address boiling water "Well, if it isn't Mr. McGreg." (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591835) |
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Date: April 17th, 2024 10:01 PM Author: Mahogany Yarmulke Peter Etc tp posing xo hypo to jury in opening statement: How much money to give up 1 inch in height? (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47592125) |
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Date: April 17th, 2024 10:03 PM Author: spruce shrine prole Idk where he is, but this is a $1M case in CA. The key is not to waste too much time and money on it, and just get to the eve of trial. (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47592133) |
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Date: April 18th, 2024 4:50 PM Author: Drab exhilarant gunner tytyty (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47593562) |
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Date: April 17th, 2024 5:56 PM Author: talented cheese-eating den Great job. What did you think on the liability component (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591500) |
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Date: April 17th, 2024 6:08 PM Author: spruce shrine prole Liability was a lock. If the defendant had been an institution it would have been a lot more, but it was a shitty "clinic" practice with only $2M in insurance. (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591532) |
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Date: April 17th, 2024 6:15 PM Author: talented cheese-eating den Really good work then. Sounds like you ramped up lost wages for professional very well. (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591546) |
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Date: April 17th, 2024 6:04 PM Author: Bateful old irish cottage 180 (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591525) |
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Date: April 17th, 2024 6:16 PM Author: massive resort 180 brother (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591552) |
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Date: April 17th, 2024 6:31 PM Author: Abusive bonkers travel guidebook kitty KINGS MURDERED THE WARRIORS SON (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591606) |
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Date: April 17th, 2024 6:37 PM Author: beta bawdyhouse gaping Donate some of that money to Karlstack to support good journalism (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591639) |
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Date: April 17th, 2024 6:38 PM Author: Concupiscible judgmental menage haunted graveyard (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591641) |
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Date: April 17th, 2024 7:12 PM Author: chocolate wonderful main people fortuitous meteor (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591733) |
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Date: April 17th, 2024 7:12 PM Author: chocolate wonderful main people fortuitous meteor thoughts on this legal sweet treat?
https://autoadmit.com/thread.php?thread_id=5518375&mc=38&forum_id=2 |
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Date: April 17th, 2024 7:19 PM Author: spruce shrine prole Doesn't the contract have an exclusive venue provision?
If not I'd say that if hiring in-state co was their only activity in the state, it's probably not minimum contacts. Has something to do with a "bankshot in basketball" iirc from my little tiff with ZZZ. |
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Date: April 17th, 2024 7:24 PM Author: chocolate wonderful main people fortuitous meteor No exclusive venue provision. Ty for the reality check. Everyone upthread thought it was a slam dunk for PJ but I had and still have strong doubts. (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591756) |
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Date: April 17th, 2024 7:44 PM Author: Pea-brained Station Sandwich Impressive take. I am a lot like you. I don’t want to retire. I’ve suffered a lot of setbacks. I don’t make enough money, etc. (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591782) |
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Date: April 17th, 2024 7:46 PM Author: spruce shrine prole (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591784) |
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Date: April 17th, 2024 7:47 PM Author: Drab exhilarant gunner I made $500k Q1 and still feel poor (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591786) |
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Date: April 17th, 2024 7:49 PM Author: spruce shrine prole CSLG thinks he's so much better than us (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591788) |
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Date: April 17th, 2024 7:55 PM Author: Pea-brained Station Sandwich CSLG is much better than me. I didn’t even crack $50k in Q1. (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591805) |
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Date: April 17th, 2024 8:06 PM Author: Sooty Hominid Candlestick Maker 180 brother. and a man of the people, coming here to poast just like the rest of us (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47591829) |
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Date: April 17th, 2024 10:05 PM Author: spruce shrine prole I pay three private HS tuitions and soon sticker at Amherst, so I’m as broke as anyone else. (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47592134) |
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Date: April 18th, 2024 3:27 PM Author: Sooty Hominid Candlestick Maker damn, i'll bet. are you building that sweet house now too? (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47593312) |
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Date: April 18th, 2024 3:32 PM Author: spruce shrine prole Yeah. That's paid for at least. I'm planning to be one of those broke people living in a fancy house driving a 10 yo Range Rover and a 20 yo BMW, both with all the "check engine" lights constantly flashing.
At least I have my dream surfboard. |
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Date: April 18th, 2024 3:35 PM Author: Sooty Hominid Candlestick Maker sounds 180 to me, brother. as i get older i'm getting less tolerant of living in places with bad weather. (http://www.autoadmit.com/thread.php?thread_id=5518818&forum_id=2#47593360) |