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Message
re: OT attorneys, how would YOU fix court system?
Posted on 2/7/17 at 9:09 am to SlowFlowPro
Posted on 2/7/17 at 9:09 am to SlowFlowPro
Yeah, I am surprised an experienced dude like Breesus would propose this.
I think we have talked about this before on here and you or boosie mentioned La has something similar. Mich state court cases have three person case evaluation panels that put a number on your case after discovery. If you proceed to trial and do like 10% worse than that number, you have to pay the other side's fees from the point of the case evaluation forward. It's kind of shitty to have a panel of people who may not understand your case value it, but it's a great settlement mechanism.
I think we have talked about this before on here and you or boosie mentioned La has something similar. Mich state court cases have three person case evaluation panels that put a number on your case after discovery. If you proceed to trial and do like 10% worse than that number, you have to pay the other side's fees from the point of the case evaluation forward. It's kind of shitty to have a panel of people who may not understand your case value it, but it's a great settlement mechanism.
This post was edited on 2/7/17 at 9:10 am
2
Posted on 2/7/17 at 9:10 am to SamuelClemens
Term limits for Federal Judges would be a good start.
Posted on 2/7/17 at 9:13 am to Bunk Moreland
quote:
Mich state court cases have three person case evaluation panels that put a number on your case after discovery. If you proceed to trial and do like 10% worse than that number, you have to pay the other side's fees from the point of the case evaluation forward
we have an Offer of Judgment that in theory accomplishes this. it's not an objective thing done by parties removed from the case, but it's the procedural tool in order to accomplish this goal
i like what TX does where if you go to mediation, you can't leave until the mediator allows you to leave
i've heard some stories of shitty lawyers (on both sides) using mediation to just get the other side's number(s) before tiral. that's just bullshite. luckily i've never experienced that sort of fishing expedition
Posted on 2/7/17 at 9:14 am to tLSU
quote:
Are we going to a "rich judges only" system?
It might not be a bad system. Our D.A. is wealthy, and so he took no contributions to run for D.A. He has a different attitude (for example, he doesn't have to suck up to criminal defense lawyers).
Posted on 2/7/17 at 9:15 am to TigernMS12
quote:
you'll see some dumb shite happen in our courts if you look hard enough, but by and large, we have one of, if not the best, systems in the world.
Horse shite
How many violent offenders are let out of jail/prison on less serious charges then go on to murder or rob other innocent people? That shite is broken, I don't care how you slice it and try to serve it.. we can't punish people accordingly because we are too scared of hurting a criminal's feelings
Posted on 2/7/17 at 9:17 am to Bunk Moreland
See Fed. R. Civ. Proc. 68 - offer of judgment.
Posted on 2/7/17 at 9:18 am to SlowFlowPro
I was in a ten hour mediation two weeks ago that didn't settle. Once we had some sort of anchor price, the defendants began fighting among themselves.
Good times.
Good times.
Posted on 2/7/17 at 9:18 am to SlowFlowPro
What's the LACCP article for offer of judgment?
Posted on 2/7/17 at 9:20 am to Mr. Hangover
Yeah, that's it. Judges and prosecutors are scared to hurt criminals' feelings. Good stuff.
Posted on 2/7/17 at 9:20 am to Tornado Alley
i'm kind of out of the big PI game so i haven't done a mediation in a long time and probably won't anytime soon, but mediations with multiple checkbooks on the other side are always fun. when you stop becoming the enemy and the defense guys assign heir heroes and villains it's really fun, esp when you know that they have to put on a common defense at trial
Posted on 2/7/17 at 9:20 am to NIH
You know wtf I meant
Posted on 2/7/17 at 9:20 am to LSUwag
Magistrate judges are appointed to a eight-year term. District and appellate judges are appointed for life, IIRC.
Posted on 2/7/17 at 9:20 am to Tornado Alley
I've been suing delinquent contractors for ERISA benefits in federal court for 18 years and have never received one.This post was edited on 2/7/17 at 9:22 am
Posted on 2/7/17 at 9:20 am to Tornado Alley
Posted on 2/7/17 at 9:21 am to TigernMS12
(no message)
This post was edited on 2/7/17 at 9:35 am
Posted on 2/7/17 at 9:21 am to SlowFlowPro
At one point we offered to leave. We realized what was going on and didn't want to eat up more hours if not necessary.
The next offer we received after the offer was much better
The next offer we received after the offer was much better
Posted on 2/7/17 at 9:22 am to SamuelClemens
Community property would be eradicated , alimony and child support would be capped at a max amount of $500 per month and child custody would default to joint physical custody
Posted on 2/7/17 at 9:22 am to BobCoot
That would encourage more people to bail on their children, no?
Posted on 2/7/17 at 9:23 am to Bunk Moreland
It's something I like to throw in early in the litigation process. Make your "best day" offer with a rule 68 offer of judgment attached to it.
Rarely have I seen it done, nor have I enforced it myself
Rarely have I seen it done, nor have I enforced it myself
Posted on 2/7/17 at 9:23 am to LSUTigersVCURams
quote:
Maybe in MS, but Louisiana
Not familiar with LA courts, so this may be true. LA is not known to have a stellar system of government.
This post was edited on 2/7/17 at 9:24 am
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