That is a completely absurd offer, even in the presence of a decent liability defense. Based on what I read or heard somewhere about the initial coverage layers, I am surmising that Plaintiff's OJ may have been $9-10 million. If that is the case then he should get every penny of fees that he asks for.
That verdict cannot stand man. Subject to remittitur, and I was a plaintiff in a wrongful death case than settled before trial. The loss hurts, and it hurts a lot, but not $38 mil.
Realistically, its not $38M. After Clagett's fees its probably like $20M. CDC and Fed Dept of Transportation currently value a life at about $10M (for use in determining regulations, up from $300k in 1982)
Guest
Anonymous
August 25, 2021 6:19 pm
Why, oh why, hasn't the LVTJC received the memo that e-filing systems must immediately and automatically file documents upon submission, with review only taking place after submission and filing, not between submission and filing. See NEFCR 8(a)(1) ("Any document electronically submitted to an EFS for filing must be automatically filed, and simultaneously served under Rule 9, upon submission."), 8(b)(1) ("After a document is submitted, filed, and served, the clerk may review the document to determine whether it conforms to the applicable filing requirements.").
Documents sitting in e-filing limbo for days on end, not cool. </rant>
Guest
Anonymous
August 25, 2021 6:33 pm
The DOJ needs to investigate Miranda DU. Federal court is pretty ducked up right now.
So because you disagree with her ruling, she should be investigated? That's insane and that's not how our judicial system works. That's the kind of crap that goes on in 3rd world countries ruled by dictators. Fascist weirdos.
Wow, 12:29. Seem awful defensive? Her opinion is bull shit. That is reason enough for her to get investigation. If you have been in federal court as an attorney, you would realize how bad it is down there. But, you are the sane one with the name calling?
Yo, Harry Reid. You and Shannon Raborn told me for years my nother could not get asylum from Ecuador, but Miranda Du, your appointee is allowing all the illegals to come in? That's fucked up, man.
Guest
Anonymous
August 25, 2021 10:37 pm
Ok, let's say the decision is politically motivated. What's the investigation for? To see if politics influenced a judge's decision? Get a grip.
4:25. You naively ignore the most pertinent fact that because Du comes from the same political party as the President, it will not be defended on appeal.
I clerked for a federal district court judge and a federal court of appeals judge, and the vast majority of the criminal cases before the courts were 1326 cases. I'm pretty confident I read in a federal criminal treatise that it's the #1 charged crime in federal courts nationwide. 1326 is basically method #1 for removing illegal aliens that commit crimes in the US (because the elements of 1326 are so much easier to prove than any other crime, the trials usually only last a few hours, so prosecutors won't even charge the other crimes). This is all to say that I see no way that this stands. The DOJ isn't going to give up its #1 tool for its #1 charged crime, and I don't see the 9th Circuit affirming.
1326 is not a method for removing undocumented immigrants. It is a criminal statute. The defendant can still be removed despite the unconstitutionality of the criminal statute.
Guest
Anonymous
August 25, 2021 11:01 pm
Quick Question. Why was the Willick post deleted? I'm not the poster, was it BS? a troll? Just wondering. Full disclosure – I love Marshal, a great lawyer and great person, I used to work for him as did a lot of the family law bar.
I’m not sure what you’re talking about. I didn’t delete/moderate any comment about Willick today, and it’s not in our spam filter. Please repost, and thanks for commenting!
The Willick post was from 8/24 and is still there:
Interesting read in a case against Marshal Willick that he basically slandered the title and abused process of a business entity trying to get attorneys fees. Steve Peek on this one. A-19-792105-B
Peek can litigate. Great complaint. Boyd should offer him an obscene amount of money and throw him some interns to teach legal writing and advocacy. He'd raise the bar.
Willick is no slouch, either, so the lucky judge is going to get to feast on some fine lawyering. Back in the live calendar cattle call days, I'd get excited to see certain lawyers argue, these guys being amongst them.
No, 9:51. And that one's for free. For your friend.
Guest
Anonymous
August 26, 2021 4:19 pm
Jury Award–38.8 million-Republic Wrongful death: 1) Was there an offer of judgment made by Plaintiff and will there be a request for fees, costs, and interest, 2) how much insurance does Republic have, heard there was a large S.I.R.–what about other levels like excess, does anyone know or heard, 3) what now, apppeal, appealable issues and 4) will the case settle now pending appeal etc and for how much? Is the verdict excesive? Jury found fault on the Plaintiff–28 per cent.
From 8NewsNow:
>Jurors also found that Espana was partly to blame for her death for entering the crosswalk without looking and was struck by the side of the truck
Anyone know how much comparative fault they found?
27%. The 38.8 was prior to reduction.
I heard Republic Services only offered $1M prior to trial. Yikes.
Verdict is online now.
26 million in past pain/suffering
12 million in future pain/suffering
750k for decedent's pain/suffering
No punitives
That is a completely absurd offer, even in the presence of a decent liability defense. Based on what I read or heard somewhere about the initial coverage layers, I am surmising that Plaintiff's OJ may have been $9-10 million. If that is the case then he should get every penny of fees that he asks for.
That verdict cannot stand man. Subject to remittitur, and I was a plaintiff in a wrongful death case than settled before trial. The loss hurts, and it hurts a lot, but not $38 mil.
Doesn’t the 7th amendment say otherwise. Why is $38 million to much? Doesn’t the jury decide? What amount should it be?
Why isn't it too much? Would you trade your kid for $38M tomorrow?
One of my kids you can have for free, and I will even throw in a case of Bud Light for the trouble.
The others, meh, I am not sure. $38 million is a lot of money. It depends.
Realistically, its not $38M. After Clagett's fees its probably like $20M. CDC and Fed Dept of Transportation currently value a life at about $10M (for use in determining regulations, up from $300k in 1982)
Why, oh why, hasn't the LVTJC received the memo that e-filing systems must immediately and automatically file documents upon submission, with review only taking place after submission and filing, not between submission and filing. See NEFCR 8(a)(1) ("Any document electronically submitted to an EFS for filing must be automatically filed, and simultaneously served under Rule 9, upon submission."), 8(b)(1) ("After a document is submitted, filed, and served, the clerk may review the document to determine whether it conforms to the applicable filing requirements.").
Documents sitting in e-filing limbo for days on end, not cool. </rant>
The DOJ needs to investigate Miranda DU. Federal court is pretty ducked up right now.
Ducked up how? Please be more specific.
So because you disagree with her ruling, she should be investigated? That's insane and that's not how our judicial system works. That's the kind of crap that goes on in 3rd world countries ruled by dictators. Fascist weirdos.
Wow, 12:29. Seem awful defensive? Her opinion is bull shit. That is reason enough for her to get investigation. If you have been in federal court as an attorney, you would realize how bad it is down there. But, you are the sane one with the name calling?
Yes, she definitely must be investigated due to making a decision that some people don't agree with.
DOJ is just some people.
Someone needs to investigate the DOJ.
Fucked
Investigate her for what? For spending too much thought and time on her decision?
Yeah, that's it.
Investigate her for what? For spending too much thought on her politically motivated decision to strike down a 70 year old law?
There. Fixed it for you.
Yo, Harry Reid. You and Shannon Raborn told me for years my nother could not get asylum from Ecuador, but Miranda Du, your appointee is allowing all the illegals to come in? That's fucked up, man.
Ok, let's say the decision is politically motivated. What's the investigation for? To see if politics influenced a judge's decision? Get a grip.
Duuno, ask the DOJ. The opinion is meritless.
Then appeal her decision. Should be an easy win at the appellate level if it's meritless as you say.
4:25. You naively ignore the most pertinent fact that because Du comes from the same political party as the President, it will not be defended on appeal.
I clerked for a federal district court judge and a federal court of appeals judge, and the vast majority of the criminal cases before the courts were 1326 cases. I'm pretty confident I read in a federal criminal treatise that it's the #1 charged crime in federal courts nationwide. 1326 is basically method #1 for removing illegal aliens that commit crimes in the US (because the elements of 1326 are so much easier to prove than any other crime, the trials usually only last a few hours, so prosecutors won't even charge the other crimes). This is all to say that I see no way that this stands. The DOJ isn't going to give up its #1 tool for its #1 charged crime, and I don't see the 9th Circuit affirming.
1326 is not a method for removing undocumented immigrants. It is a criminal statute. The defendant can still be removed despite the unconstitutionality of the criminal statute.
Quick Question. Why was the Willick post deleted? I'm not the poster, was it BS? a troll? Just wondering. Full disclosure – I love Marshal, a great lawyer and great person, I used to work for him as did a lot of the family law bar.
I’m not sure what you’re talking about. I didn’t delete/moderate any comment about Willick today, and it’s not in our spam filter. Please repost, and thanks for commenting!
The Willick post was from 8/24 and is still there:
Interesting read in a case against Marshal Willick that he basically slandered the title and abused process of a business entity trying to get attorneys fees. Steve Peek on this one. A-19-792105-B
Peek can litigate. Great complaint. Boyd should offer him an obscene amount of money and throw him some interns to teach legal writing and advocacy. He'd raise the bar.
Willick is no slouch, either, so the lucky judge is going to get to feast on some fine lawyering. Back in the live calendar cattle call days, I'd get excited to see certain lawyers argue, these guys being amongst them.
Nick Wieczorek is representing Willick.
Release the Kraken!
Ah, the privilege of having a law license.
Is it a good legal strategy to tell a judge that no reasonable person would accept the factual assertions you put in a complaint as fact?
Asking for a friend.
No, 9:51. And that one's for free. For your friend.
Jury Award–38.8 million-Republic Wrongful death: 1) Was there an offer of judgment made by Plaintiff and will there be a request for fees, costs, and interest, 2) how much insurance does Republic have, heard there was a large S.I.R.–what about other levels like excess, does anyone know or heard, 3) what now, apppeal, appealable issues and 4) will the case settle now pending appeal etc and for how much? Is the verdict excesive? Jury found fault on the Plaintiff–28 per cent.