Opposing counsel is lying

[mrsjohnson]

Why not the Twist? or the Hustle? But HEY! It's that time of the year for the Monster Mash...!!

I have literally not danced the Monster Mash in 20 years! And THAT was the most fun I've had all week!

 

[mrsjohnson]

Why not let's stick with the law, huh?

Sorry @quincy, I needed a mental and physical break. And it is Friday and if you don't get up and do the Monster Mash right now, you just have no idea what you're missing!

Sitting at a computer all day and not moving around is not healthy you know...

And to answer your question: No. I don't think so. There are better alternatives.

So no liberally construed pleadings correct? But why, if through that, justice might be served?

 

[RJR]

Mrsjohnson, how is the case going, anything new.

 

[quincy]

mrsjohnson will return if she has anything to add. Please don't revive threads unnecessarily. Thanks.

 

[mrsjohnson]

Mrsjohnson, how is the case going, anything new.

Got my motion filed and doing research on awards for the settlement mediation. This part is difficult when most civil cases settle and the agreement is sealed. I've got three great jury trials that help though.

There have been some great articles about how the sealing of documents is not in the public interest. I would have to agree.

 

[quincy]

Got my motion filed and doing research on awards for the settlement mediation. This part is difficult when most civil cases settle and the agreement is sealed. I've got three great jury trials that help though.

There have been some great articles about how the sealing of documents is not in the public interest. I would have to agree.

The sealing of settlement agreements is a common condition of these agreements. Settlements are negotiated agreements and fact-specific and are no indication of what a party might agree to in any other case.

 

[mrsjohnson]

The sealing of settlement agreements is a common condition of these agreements. Settlements are negotiated agreements and fact-specific and are no indication of what a party might agree to in any other case.

This article by the ABA is a good one to read: https://www.americanbar.org/content/dam/aba/events/professional_responsibility/2015/May/Conference/Materials/session10_print_all.authcheckdam.pdf.

 

[mrsjohnson]

There was a case in GA similar to mine whereby the jury awarded plaintiff over 20 million. The defendant appealed but it settled before there was a decision. It would be nice to know what the case finally settled for.

 

[quincy]

There was a case in GA similar to mine whereby the jury awarded plaintiff over 20 million. The defendant appealed but it settled before there was a decision. It would be nice to know what the case finally settled for.

It won't do you any good to know that.

 

[mrsjohnson]

It won't do you any good to know that.

Well being that the Judge told me specifically to gather information on awards, then I have to disagree with you. So if I bring this case to the mediation, defendant could say that we can't use it because that was not the final.

 

[quincy]

Well being that the Judge told me specifically to gather information on awards, then I have to disagree with you. So if I bring this case to the mediation, defendant could say that we can't use it because that was not the final.

You can use the publicly available facts of a case. The final terms of a sealed settlement agreement cannot be used and generally will not be relevant to other claims.

 

[mrsjohnson]

You can use the publicly available facts of a case. The final terms of a sealed settlement agreement cannot be used and generally will not be relevant to other claims.

I think you're missing the point, the point being that perhaps attorneys (on either side) can't properly value a case when the awards aren't evident. And this is assuming that all terms in the settlement and confidentiality agreement are standard.

I've been the plaintiff in three other lawsuits and the settlement agreements were nearly identical in all respects except for the dollar amounts.

 

[quincy]

I think you're missing the point, the point being that perhaps attorneys (on either side) can't properly value a case when the awards aren't evident. And this is assuming that all terms in the settlement and confidentiality agreement are standard.

I've been the plaintiff in three other lawsuits and the settlement agreements were nearly identical in all respects except for the dollar amounts.

So?

Settlements are negotiated. What is a negotiable element in one case may not be negotiable in another and what amount one party is willing to settle for might not be acceptable to another.

 

[mrsjohnson]

So?

Settlements are negotiated. What is a negotiable element in one case may not be negotiable in another and what amount one party is willing to settle for might not be acceptable to another.

How do you value a case @quincy?

 

[quincy]

How do you value a case @quincy?

By using the facts.