Follow-On Class Action to an Individual Suit = Double Jeopardy?

[Paul84]

This post of yours could have supported a thread of its own, Paul84.

I agree with you that Schiltz's article is an interesting one. What he writes reflects accurately the lives of many attorneys I know, especially those who have worked at large law firms for an extended period of time.

Some attorneys will learn that money is a poor trade-off for their health and their personal happiness - unfortunately, these attorneys often learn it only after their lives have spiraled out of control.

As to your question, I like to believe that judges do not discount unethical behavior.

I wonder what the judges' law clerks think since the clerks are usually fresh out of law school, see a lot of these shady filings, and then have to draft the judges' opinions.

 

[quincy]

I wonder what the judges' law clerks think since the clerks are usually fresh out of law school, see a lot of these shady filings, and then have to draft the judges' opinions.

I am not sure what "shady filings" you are talking about.

Judicial clerkships are among the most desired positions for law school grads to get, especially federal judge clerkships. I personally don't know of any lawyer who has started their professional career by clerking for a judge who has regretted the decision.

 

[Paul84]

I am not sure what "shady filings" you are talking about.

Judicial clerkships are among the most desired positions for law school grads to get, especially federal judge clerkships. I personally don't know of any lawyer who has started their professional career by clerking for a judge who has regretted the decision.

Shady filings would characterise most of what my opponents submitted to the court, and I made sure to call out each and every one of their lies, misstatements, and distortions in my own submissions. Am still waiting for the judge's ruling.

Four of my friends from college worked at BigLaw after going to top law schools, but only two of them still practice, and one of these, a former clerk on both the U.S. Supreme Court and a U.S. appellate court, went in-house rather than keep working at BigLaw, after a stint of less than two years as an associate.

 

[quincy]

Shady filings would characterise most of what my opponents submitted to the court, and I made sure to call out each and every one of their lies, misstatements, and distortions in my own submissions. Am still waiting for the judge's ruling.

You might be looking at these filings with a bit of a biased eye, Paul84.

Four of my friends from college worked at BigLaw after going to top law schools, but only two of them still practice, and one of these, a former clerk on both the U.S. Supreme Court and a U.S. appellate court, went in-house rather than keep working at BigLaw, after a stint of less than two years as an associate.

I have no argument with you over "big law" firms. But big money can be an attractive incentive and the cases that are accepted by big firms are as a rule more interesting than those you are apt to find in smaller firms or private practice. There are those who thrive in a big firm atmosphere. That said, many new associates in a big firm will be run into the ground (mentally and physically) by the demands made on them. They might flee the firm once their contractual obligations to the big firms are met.

 

[latigo]

Please stop encouraging this "Walter Mitty" nut case!

He is definitely a member of a unique "class". But this so-called "class action law suit" is a fairy tale!

Ask him to provide you with the name and location of the court, the case caption and case number. I did years ago with no response.

 

[quincy]

Please stop encouraging this "Walter Mitty" nut case!

He is definitely a member of a unique "class". But this so-called "class action law suit" is a fairy tale!

Ask him to provide you with the name and location of the court, the case caption and case number. I did years ago with no response.

I have found that Paul84 knows enough about civil litigation to make his contributions to the forum good ones, and the responses to Paul84's queries (from You Are Guilty and others in this thread and Paul84's other threads) have had educational value.

And, the posts by Paul84 are certainly better than the contributions some others who have visited this forum have been known to make (I am actually not thinking of you when I write this, latigo, although both your posts and my posts at times can be less than helpful).

 

[Paul84]

elapsed time frame for asking about status of motion

Nine months have passed since the filing of the last brief in cross-motions for summary judgment, and 7 1/2 months have gone by since the judge said no oral argument was necessary on an additional claim based on evidence produced in discovery.

(1) Is it okay to call the judge's chambers and ask the relevant clerk for a rough time frame on a decision for the motions, or would that seem impatient and inappropriate as it is not a "emergency" request?

(2) If the case goes forward to trial, what is the likely timeframe from a decision denying defendants' motion to my getting in front of a jury--weeks, months, half a year or more?

 

[quincy]

Nine months have passed since the filing of the last brief in cross-motions for summary judgment, and 7 1/2 months have gone by since the judge said no oral argument was necessary on an additional claim based on evidence produced in discovery.

(1) Is it okay to call the judge's chambers and ask the relevant clerk for a rough time frame on a decision for the motions, or would that seem impatient and inappropriate as it is not a "emergency" request?

(2) If the case goes forward to trial, what is the likely timeframe from a decision denying defendants' motion to my getting in front of a jury--weeks, months, half a year or more?

The second question is unanswerable.

The answer to the first question is "it won't hurt but it won't help" and you will probably receive an answer from the clerk much like the answer I gave you to your second question.

 

[Paul84]

Pro-se in SDNY wins $3.3m in front pay, interest on top of $1.6m jury verdict

The Southern District of New York (SDNY) periodically posts notable cases on its website (http://www.nysd.uscourts.gov). In an order of August 30th, the SDNY's recent chief judge, the Hon. Loretta Preska, who presided last year over a jury trial involving a pro-se SOX* whistleblower plaintiff, granted the plaintiff, on top of the $1.6m in back-pay damages that he won, $2.7m in front pay (until retirement) and $600k in interest, calculated at 9% per year, compounded annually—for a total of nearly $5m. The case is Perez v. Progenics (10-cv-08278), and Dr. Perez beat a pharma company.

Judge Preska's 89-page order on front pay and damages is here: http://www.nysd.uscourts.gov/cases/show.php?db=special&id=519

Hurray for this pro-se and his impressive performance! He has inspired the rest of us.

*Sarbanes-Oxley

 

[quincy]

The Southern District of New York (SDNY) periodically posts notable cases on its website (http://www.nysd.uscourts.gov). In an order of August 30th, the SDNY's recent chief judge, the Hon. Loretta Preska, who presided last year over a jury trial involving a pro-se SOX* whistleblower plaintiff, granted the plaintiff, on top of the $1.6m in back-pay damages that he won, $2.7m in front pay (until retirement) and $600k in interest, calculated at 9% per year, compounded annually—for a total of nearly $5m. The case is Perez v. Progenics (10-cv-08278), and Dr. Perez beat a pharma company.

Judge Preska's 89-page order on front pay and damages is here: http://www.nysd.uscourts.gov/cases/show.php?db=special&id=519

Hurray for this pro-se and his impressive performance! He has inspired the rest of us.

*Sarbanes-Oxley

Haha. I haven't yet read the case but I hope pro-se's do not think it is the rule rather than an exceptional exception.

 

[Paul84]

Trial transcripts

Haha. I haven't yet read the case but I hope pro-se's do not think it is the rule rather than an exceptional exception.

I read the case's trial transcript, and it was impressive how the pro-se handled himself--particularly in cross-examining uncooperative witnesses.

As I have never attended a full trial and certainly not one involving a pro-se litigant, the transcript was helpful to see how these things proceed, and especially the interactions with judges, including "on the record" sidebars with counsel.

Does Pacer usually provide transcripts for most trials that anyone can download?

 

[quincy]

I read the case's trial transcript, and it was impressive how the pro-se handled himself--particularly in cross-examining uncooperative witnesses.

As I have never attended a full trial and certainly not one involving a pro-se litigant, the transcript was helpful to see how these things proceed, and especially the interactions with judges, including "on the record" sidebars with counsel.

Does Pacer usually provide transcripts for most trials that anyone can download?

http://www.uscourts.gov/forms/other-forms/transcript-order

https://www.nycourts.gov/COURTS/nycourtofclaims/transcript.shtml

http://www.nycourts.gov/howdoi/transcripts.shtml

There are fees charged. How much is charged depends on the transcription service.

 

[Paul84]

Case Status of "Opinion/Decision in Draft" for 8 Months

Nine months have passed since the filing of the last brief in cross-motions for summary judgment, and 7 1/2 months have gone by since the judge said no oral argument was necessary on an additional claim based on evidence produced in discovery.

(1) Is it okay to call the judge's chambers and ask the relevant clerk for a rough time frame on a decision for the motions, or would that seem impatient and inappropriate as it is not a "emergency" request?

(2) If the case goes forward to trial, what is the likely timeframe from a decision denying defendants' motion to my getting in front of a jury--weeks, months, half a year or more?

I checked the U.S. Courts' website for the Civil Justice Reform Act (http://www.uscourts.gov/statistics/table/cjra-8/civil-justice-reform-act-cjra/2016/03/31) on motions pending more than six months and (http://www.uscourts.gov/statistics/table/cjra-7/civil-justice-reform-act-cjra/2016/03/31) on cases still open for more than three years. From those reports, I see that the status of my motion, as of the last semi-annual report of March 31st, was "Opinion/Decision in Draft". That was eight months ago. Virtually every other listed motion with such a status for my particular judge got resolved, often on or about September 30th--presumably to avoid a re-listing on the subsequent six-month report, which won't come out until next year. Even a motion with a status of "voluminous briefs and transcripts" got cleared.

Is it an appropriate time now to file a formal letter to the court to ask the judge to either issue a decision or explain the delay?

 

[Paul84]

Hyperlinking a Brief to ECF/CM Record

I have a long, complicated brief and appendix to file in the federal 2d Circuit Appellate Court and would like to use hyperlinks, which I think they encourage for the digital version. The hyperlinks would mainly go to the appendix from the brief, but in some cases to exhibit records in the ECF/CM of the district court, and in my case, also to the Google Scholar online case database.

Has anyone here got experience doing that?

I think I understand the process of creating hyperlinks, but would I link each directly to the docket sheet entry after opening it on the ECF/CM, or could I go to the actual file in the system and link e.g. to a specific page? For the reader, would that person need to keep the ECF/CM open to access the link or would s/he have to log on every time there was a need to follow the link to check the record? Most of the hyperlinks I would make to the appendix, but for certain exhibits in the record, I may not want to include them in the appendix, which could swell to thousands of pages and get too expensive for printing. The court requires 6 bound copies of the brief and 3 for the appendix (if you're pro se).

 

[Paul84]

Must one first request reconsideration before appealing a judgment and closed case?

After sitting on dueling motions for summary judgment for nearly 1 1/2 years, the judge granted summary judgment to the defendants against my surviving claims and closed the case.

Is there any requirement that I first file a motion for reconsideration at the district-court level, or can I go directly to the appellate court with an appeal, after first filing the notice of appeal in district court within 30 days of the entry of judgment?