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re: US District Court in NOLA has stayed a bunch of civil cases where fraud has been alleged.
Posted on 8/21/19 at 3:21 pm to Dizz
Posted on 8/21/19 at 3:21 pm to Dizz
quote:
Doesn’t LA have the highest rate of uninsured drivers? Which contributes to higher rates.
I’ve heard this said but the only time I’ve ever seen any numbers we were actually 26th in worst rate of carrying insurance for drivers.
It was a hayride article a year or so ago that also said Louisiana doesn’t allow defendants to ask if the injured was wearing a seatbelt or not in court.
Posted on 8/21/19 at 3:25 pm to Slippy
damn baw you called this months ago (in a thread that had a weird bump last week or so)
Posted on 8/21/19 at 3:26 pm to Oilfieldbiology
quote:
Louisiana doesn’t allow defendants to ask if the injured was wearing a seatbelt or not in court.
Louisiana Revised Statutes 32:295.1:
E. In any action to recover damages arising out of the ownership, common maintenance, or operation of a motor vehicle, failure to wear a safety belt in violation of this Section shall not be considered evidence of comparative negligence. Failure to wear a safety belt in violation of this Section shall not be admitted to mitigate damages.
Posted on 8/21/19 at 3:26 pm to SlowFlowPro
So does anyone have link/case number to one of the federal court filings?
This post was edited on 8/21/19 at 3:31 pm
Posted on 8/21/19 at 3:31 pm to Y.A. Tittle
quote:
Should at least get the insurance write off. Why should a plaintiff get the windfall for that?
the issue is treating everyone fairly
either you use the sticker price or the insurance price. if we use insurance price, those without insurance get f'd completely
carving out these different rewards is just weird to me
Posted on 8/21/19 at 3:35 pm to arcalades
quote:
bc they aren't to blame.
they aren't to blame but they're liable along with their client
Posted on 8/21/19 at 3:37 pm to Dizz
quote:
So does anyone have link/case number to one of the federal court filings?
no but i'd love to hear more about this. Slippy called this months ago so either he's lying about all of it or he knows
Posted on 8/21/19 at 3:43 pm to Dizz
quote:
Do you have a link or a case number?
Demetra Henderson-Burkhalter v. National Union, No. 18-cv-928 (Eastern District LA)
"Finally, plaintiffs are advised that they should obtain independent legal advice concerning any risks they may face in continuing with this litigation."
Orders staying similar cases have been issued by Judge Susie Morgan (Consuela lee, et al. v. Sentry Casualty Company el al., 19-cv-9978);
Judge Sarah Vance (Kierra Thomas, et al. v. Randall Chambers, et al., 18-cv-4373); and
Judge Lance Africk (Hany Dorsey, et al. v. CourtneyJamair, et al., 18-cv-6603).
Posted on 8/21/19 at 3:52 pm to Demshoes
quote:
The Court has received reliable information that there is an ongoing criminal investigation by the U.S. Attorney’s Office that may involve this proceeding and/or witnesses or counsel to the proceeding. “In determining whether to stay civil cases in the face of parallel criminal proceedings, courts consider 1) the overlap between the civil and criminal case; 2) the status of the criminal case; 3) private interests of the plaintiff; 4) private interest of the defendants; 5) the interests of the court; and 6) the public interest.” 1 The Court finds that it is in the best interest of the parties, the court, and the public to stay this proceeding pending the conclusion of this criminal investigation. This stay will protect plaintiffs from any risks associated with testifying in this proceeding while this criminal investigation is pending. This stay is also in defendants’ interests, because proceeding to trial before the criminal investigation concludes could result in certain witnesses invoking their Fifth Amendment privilege.
Posted on 8/21/19 at 3:56 pm to arseinclarse
Has this trickled down to CDC yet? I thought it would be some different names involved.
Posted on 8/21/19 at 3:58 pm to Dizz
Not surprised by the one suit I opened.
Posted on 8/21/19 at 4:05 pm to Slippy
frick fraud, but I’m torn on PI in general. There are a ton of sleazy PI attorneys preying off of ignorant clients trying to work the system. On the other hand, insurance companies are fricking crooks. The system in general is messed up.
Loser pays legal costs would clean this shite up in a hurry, but it will never get to that point.
Loser pays legal costs would clean this shite up in a hurry, but it will never get to that point.
This post was edited on 8/21/19 at 4:07 pm
Posted on 8/21/19 at 4:07 pm to arseinclarse
Court rules that attorney in alleged I-10 semi-truck accident scheme must supply client list
quote:
In each of the 77 cases, according to the attorneys for Whitestone, all of the accident victims retained Vanessa Motta of Motta Law as their attorney. Motta had argued that the information that was being requested was privileged under the Louisiana Rule of Professional Conduct. Attorneys for Whitestone argued that one of the exceptions to this rule is when the attorney is complying with a court order.
Posted on 8/21/19 at 4:17 pm to arseinclarse
Attorneys for Whitestone allege that Frazier and the Turners have been involved in not only the November 2017 motor vehicle accident involving Runnels, but also staging numerous other accidents along I-10. In April 2018, Whitestone filed a counterclaim alleging that, "as a result of Plaintiffs misrepresenting and/or staging the accident and/or injuries at issue in this lawsuit, Defendants have suffered damages, including attorney’s fees and litigation expenses."
According to the filing, Whitestone alleges that their semi-truck did not experience any type of impact consistent with a motor vehicle accident, adding that "the data system on board the 18-wheeler did not document any type of impact." In discovery, Whitestone claims to have discovered, "30 other accidents with similar factual scenarios to the present accident, where on a particular stretch of Interstate-10 near New Orleans, an unknown third vehicle waves down an 18-wheeler driver that is unaware that he/she was allegedly involved in an accident."
According to the filing, Whitestone alleges that their semi-truck did not experience any type of impact consistent with a motor vehicle accident, adding that "the data system on board the 18-wheeler did not document any type of impact." In discovery, Whitestone claims to have discovered, "30 other accidents with similar factual scenarios to the present accident, where on a particular stretch of Interstate-10 near New Orleans, an unknown third vehicle waves down an 18-wheeler driver that is unaware that he/she was allegedly involved in an accident."
Posted on 8/21/19 at 4:24 pm to BigPerm30
quote:
Loser pays legal costs would clean this shite up in a hurry, but it will never get to that point.
The couldn't pass this soon enough.
Posted on 8/21/19 at 4:24 pm to Motorboat
According to her website, Motta opened her own office in 2017. Imagine 77 similar PI accidents in less than two years filed by the same lawyer.
I'm not familiar with the facts, but this doesn't pass the smell test. Greed is a dangerous thing.
I'm not familiar with the facts, but this doesn't pass the smell test. Greed is a dangerous thing.
Posted on 8/21/19 at 4:29 pm to arseinclarse
quote:
According to her website, Motta opened her own office in 2017. Imagine 77 similar PI accidents in less than two years filed by the same lawyer.
i know Nola is a lot bigger than LC but your federal court isn't THAT huge. 77 is a major number, too. how did nobody figure this out?
with 14 judges, that's an average of 5.5 cases per judge
Posted on 8/21/19 at 4:33 pm to SlowFlowPro
I wonder what her strategy is here. Co-operate or deny? Either way, if the facts are true, her days are done.
Posted on 8/21/19 at 4:33 pm to SlowFlowPro
That is just the number in Fed court, I wonder how many more in CDC.
Posted on 8/21/19 at 4:37 pm to Dizz
Looks like she filed 57 cases in CDC since 2017. (Doubt they are all the same facts). That doesn't include matters settled without filing.
This post was edited on 8/21/19 at 4:38 pm
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