Plaintiff's Lawyers Fight Uphill Battles--the Only Way to Fight

As a lawyer, my two greatest pleasures are: 1) Fighting hard for my clients. They are real people who inspire me. 2) Fighting back for my clients against other people, insurance companies, former employers, the government, and whoever else goes after them. My clients deserve someone who will fight hard for them, which is what I try to do.

If I am guilty of one thing as a lawyer (and as a person), it is that I do not tolerate jerks (Normally, I'd say assholes, but this is LinkedIn, which requires more decorum). Anyone who knows me will tell you that I am usually kind, courteous, and polite. I learned to have good manners and be respectful to people. I am. When others are nice. Even when they are not nice, I am sill nice. Usually.

However, when people are mean just to be mean. Lawyers, business people, politicians, or anyone else. Then, I hit back. And I hit hard. 

And I have a long memory. This means I am constantly in search of rectifying what I think is wrong. 

It isn't easy. But it is worth it.

Standing up for others and for yourself requires risk. But most things do. Most things worth doing expose us to risk. 

Plaintiff's lawyers must not be afraid to offend people or upset them. We are at a disadvantage. We are fighting against corporations with limitless funds, who do not see our clients as real people. They dehumanize and disparage our clients when they choose to fight back. And they have lobbied for decades to poison the well against winning in court. 

It's called "tort reform," and it worked. Unfortunately. Why has it worked? Money. Lobbyists. Pitting real people against each other and laughing at them. Laughing to the bank.

Wolves in sheep's clothing. Insurance companies and other corporations have all the money. They are the bullies because they can be. And they want to keep their money. They certainly don't want our clients to have it. Especially when our clients deserve it.

What is the best way to describe corporate America when it comes to how they treat our clients--the real people in America? It's pretty simple. JERKS.

Like I said, I don't like jerks. I'm mean back to jerks. That's who I am. I'm just glad I've found a profession that allows me to be who I am while fighting hard for my clients. 

My clients deserve the best. And I will do all I can to give it to them.

Legal Sharks: Data Breach Class Action Lawsuits Make the Lawyers (on both sides) Lots of Money and do Little for the Clients

Data breach class actions are a racket. California is the epicenter of this plaintiff's legal fee bonanza. The passage and subsequent amendment to the CCPA fueled this legal juggernaut. While the CCPA does provide greater protection for victims of data breaches, in reality it means consumer victims of data breaches really only get at most $750 while the lawyers make hundreds of thousands if not millions in fees. 

The way it works is enterprising plaintiffs' lawyers scour the internet daily searching for data breaches where consumer personally identifiable information (PII) is compromised. In the health care context, it is know as protected health information (PHI)  Note: a favorite website of lawyers is the U.S. Department of Health and Human Services (HHS) where massive health care breaches are announced as required by law, often months after they occur giving the victims little chance to mitigate their damages. 

If the breach is big enough and affects a California consumer, then the law firm drafts a blog post to their website and purchases advertising. They try and reel in a plaintiff. Once they have one they information is plugged into a canned complaint, and they file the lawsuit in federal court--hoping to be the first firm to file. Almost all of these firms are in California, which is a litigation paradise for this legal cottage industry.

If you are the first law firm to file, then you get to be lead counsel, which means--if the case isn't dismissed--you will make more in fees than the other circling shark lawyers. Many of these settlements are in the millions, and law firms take between 33% and 40%. Or the case is up to those percentages, but the billable time for several hundred hours is billed out between $700 to $1000 per hour. When I handled these cases, my time was around $700 per hour. 

On one case I billed 76 hours. $53,200 in fees. You can see how lucrative it can get just on billables. If it is based on percentages, then it came be in the millions. And most of the time you don't even need to take depositions or barely even conduct depositions. It is largely complaint (the lawsuit) and brief driven. If you make it past a low level motion to dismiss, then the case will almost certainly settle for a ton of money.

God forbid these lawyers ever had to go to trial. They wouldn't know what the hell to do. 

Oh...and there are mediations that take place where the pie is carved up. And the mediator (there aren't many who do it) charges between $11,000 and $15,000 for a one-day mediation. I shit you not. This is all while the defense lawyers, who have billed as many hours if not more than the plaintiff's attorneys, are billed out at $800 or $1000 per hour. 

But, hey, the class members get maybe $750? Does this sound like justice to you? Don't tell the plaintiffs' lawyers that because they all talk about "justice," which is a total crock of shit. 

In my opinion, many of the plaintiffs' lawyers who do these cases are no better than ambulance chasers and so-called Walmart lawyers. I don't do these cases anymore, and I've had time to think about it. I regret ever doing them, quite frankly. Perhaps in time I will wash the slime off of my body from this sleazy nature of these cases. But it will take a while. 

Lawyer doodles

 

Trump lawyer screwed up by not requesting a jury trial

 

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Dallas Loved the Ladies

Dallas loved the ladies. Ladies loved Dallas. His parents named him after the city of his birth. Not very original. But most names are not original. When they are, they aren't well received. Better to blend in. Blending in is safe. But Dallas never blended in the same way a giant rooster can't go unnoticed. 

Dallas crossed the street one day and caused several wrecks in the process. This happened on more than one occasion.

He stood several inches taller than most men. His biceps pulled at his short sleeves. His chest muscles rounded under his shirt. Of course he had a flat stomach. But that wasn't it. 

Not a bad looking guy. But was no Elvis. However, he did have great hair. He wore the hair a little long. Not long, in the "Point Break," Patrick Swayze quaffed way. But it was still a mullet. It was long and greasy, like it had been dipped in bacon grease or chicken fried. He was like Tim McGraw with good hair. And, as is the case with Tim McGraw, women often said, “there's just something about him.” 

And his smile. It drew women in like a tractor-beam.

That something about him meant had many things about him. And these things, these attributes, made life easier for him. And harder. 

Harder in the sense that these attributes sometimes got him in trouble. 

Dallas rarely had to work because he always had a sugar-mama or a few sugar-mamas. Dallas really was a good guy, so his popularity wasn't confined to women. Men liked to hang out with him because he always had great stories, and subconsciously, men wanted to be him.

Not everyone felt so positively about Dallas though. One night Dallas went home with a woman named Shelia after knocking back a few Buds at the roadside bar, Honky Tonk Angel. He didn't see a ring on her finger. Shelia left it home that night.

How was a guy to know? Not that it ever stopped Dallas before.

"What’s he doing in my bed?"

The male voice roused Dallas from sleep. But he couldn't make out the words.

“Don't blame him, he didn't know."

"How did he not know you were married? Where's your ring?"

Her truck-driver-husband, Archie, got home early from a cross-country haul.

Shelia mixed up her arrival dates. Dallas stared at the cuckolded husband, who was momentarily paralyzed. Archie regained his composure and swung clumsily at Dallas. He missed. Dallas scooped up his clothes and shoes off the floor. He lit out like he had a fire under his ass. He never did get the husband's name. A few months later, Dallas was drinking a Bud at Honky Tonk Angel, when a process-server slapped him with a summons. Elmwood Jones. was suing him. 

 "Who is Elmwood Jones?” Then he read further. It was Shelia's husband. Archie wasn't his real name. Mr. Jones was suing him for alienation of affection. of affection, an antiquated cause of action for cuckolded husbands and jilted wives.

Dallas retained a lawyer paid for by one of his sugar-mamas. The case went to trial. 

Dallas took the stand. "I didn't know she was married." He spread his hands. "I'm sorry. I didn't mean nothing by it." 

Female jurors and male jurors nodded sympathetically. Women smiled at him. Some even licked their lips, a sign Dallas knew to look for when chasing women.

The jury came back with a $1 verdict against Dallas. After the trial, Jones's lawyer asked a few of the jurors why they didn't find more damages. There were ten women jurors and two male jurors, a dead give away to any good lawyer. But Archie couldn't afford a good lawyer. He got the town drunk, who somehow managed to not get disbarred. 

A sweat little old lady "he reminds me of my grandson.” 

Another juror said, “I watched Law & Order once, and they said something about mens rea being necessary. Dallas didn't have that. Besides, he is a good old boy, and I wouldn’t mind knocking back a few Buds with him."
 

Jones saw a pretty blonde named Crystal slip Dallas her phone number as the two walked out of the courthouse. "That bastard.” Archie would never get it.

Keep all the nasty emails

 

Keep all the nasty emails

 Keep nasty emails from jerk lawyers and jerk humans. Keep all of them.

It's not high tech, but it can be useful for later litigation. 

You can’t “kill all the lawyers,” but there is a thing called a fate worse than death. That is humiliation…through description.

I know a ton of nice lawyers and a few--more than I'd care to--abusive lawyers. The lawyers I can't stand don't live anywhere around here. If I'm lucky, I won't ever have to see them again, but they are out there...lurking in the shadows. This raises the question: how do you deal with bullies you work with?

Like all great lawyer answers/non-answers, it depends on the situation. If you work for a bully, then it is difficult to fight back. Fortunately, I am a partner, and I don't have to allow someone to be nasty to me. While I am respectful, I can fight back.

It wasn't always that way. I worked for a firm in another state, and I won't name the firm. But one of the people I worked with. Let's call him "Jerry." Well...Jerry didn't have what we call in the South "charm." If there was an opposite of charm, that was Jerry.

I won't mince words: Jerry was (and still is I'm sure) a raging a******. I had a job a while back that was largely remote. This required me to communicate mainly by email. Jerry said many, many sharp things via email all of which I still have in my possession. Of course I kept copies. Jerry should have known this. I'm a litigator--he wasn't really--so of course I keep things. I kept everything.

Jerry is the kind of guy who searches for ways to delete excess spaces in documents using AI.

But…he forgets about what he says in emails. I’m assuming many people have kept their email correspondence with Jerry.

You never know when it will be useful.

I realize telling someone to f-off may not be an option. I did that in a nice way to Jerry, and then I left. So, that's not likely a solution.

Emails are key evidence in employment law claims.

Keep all the evidence of it. You never know when it might be useful. As for Jerry, the statute of limitations still hasn't expired. It may support claims for a hostile work environment, potential ADA claims if you are disabled, and wrongful termination claims.

Unfortunately nasty emails are on the rise, and they are bad for your health.

Your best bet is to ignore them as much as possible if you can while you keep good records.

WTF is Cyberbullying?

 What is cyberbullying?

Cyberbullying is the use of the internet to harass, threaten or embarrass someone. Bullies typically do so by sending insulting or threatening texts and messages, spreading rumors about a person on their social media networks, such as Facebook, or controlling what they are able to do or say online.

Why should you care?




Because it can lead to suicide.

Want some examples from here and abroad?

The Cyber Express provides a few examples (a few too many):

· Megan Meier (1992–2006)

Three weeks before turning 14, American teen Megan Taylor Meier committed suicide by hanging herself. Her parents demanded an investigation, and it was determined that MySpace’s social networking site was the source of her cyberbullying. This case was an early warning sign of the ill-effects of social media.

· Phoebe Prince (1994–2010)

Following Phoebe Nora Mary Prince’s suicide on January 14, 2010, the Massachusetts state legislature passed more stringent anti-bullying legislation and charged six adolescents with crimes of violating civil rights.

· Amanda Todd (1996–2012)

Amanda Michelle Todd, a 15-year-old Canadian student who had been the target of cyberbullying, hanged herself to death due to continuous bullying and blackmailing by internet users.

· Rehtaeh Parsons (1995–2013)

Rehtaeh Parsons, 17, a former Cole Harbour District High School student, attempted suicide by hanging herself on April 4, 2013, at her house in Dartmouth, Nova Scotia, Canada. The reason, targeted online harassment.

· Tyler Clementi (1991–2010)

On September 22, 2010, Tyler Clementi, an American student at Rutgers University-New Brunswick, died by suicide by jumping from the George Washington Bridge over the Hudson River. Clementi was subject to cyberbullying by his doom room friends Ravi and Wei, who planted a webcam into his room.

· Jamey Rodemeyer (1997–2011)

Jamey Rodemeyer was a freshman at Williamsville North High School at the time of his passing and had previously attended Heim Middle School. He experienced terrible bullying as a result of being out about being gay.

· Sulli (1994–2019)

Police discovered Choi Jin-Ri, better known as Sulli of the K-pop girl group f(x), dead in her Seongnam home, prompting a closer examination of her career as a singer and a feminist who was frequently the target of vicious Internet trolls and online cyberbullying.

· Tyrone Unsworth (2003–2016)

In Brisbane, Australia, Tyrone Unsworth, an eighth-grader, committed suicide on November 22, 2016, as a result of years of homophobic abuse. On this particular day, his grandfather had intended for him to be at school, but he stayed at the farm instead. When his grandfather returned from work at around 1:00 p.m., he discovered Unsworth dead.

· Hana Kimura (1997-2020)

One of six cast members of the Terrace House reality series on Netflix, which previously broadcast on FujiTV and showed an eccentric group of strangers living together, died at 22.

Kimura’s pink hair, toned form, and energetic temperament helped her become known as a public figure in Japan and attracted a lot of criticism. Her death raised awareness of cyberbullying and the pressures women face to conform to social expectations.

· Kelly Fraser (1993-2019)

Kelly Fraser, a 26-year-old Canadian Inuk pop singer from Igloolik, Nunavut, was well-known for singing original songs and translating popular songs into Inuktitut. Fraser was discovered dead in her Winnipeg, Manitoba, home. Fraser’s family blamed “childhood traumas, racism, and continuous cyberbullying” for her death, which was later ruled a suicide.

Cyberbullying can include:

• Sending mean texts or IMs to someone.
• Pranking someone's cell phone. 
• Hacking into someone's gaming or social networking profile.
• Being rude or mean to someone in an online game.
• Spreading secrets or rumors about people online.
• Pretending to be someone else to spread hurtful messages online.
• Doxing.
• Catfishing. 
• Revenge Porn.
• Fraping.
• Impersonating.

Is Cyberbullying criminally actionable?

YES. Civilly and criminally.

Civil examples include: negligence, harassment, communicating threats, intentional infliction of emotional distress, and others.

Parents of kids harassing people and school districts can be liable as can employers of people acting with apparent or actual authority.

Michael Fights Bullies : We've all been bullied

Michael Fights Bullies : We've all been bullied

Ten Things You Should Know About the Law and Social Media: When Bad Judgment Goes Viral, Watch Out!

 1.     The things you say may have legal consequences: Be careful what you say about people on Facebook, Twitter, or other forms of social media. What you say may be libel. This extends to emails (especially in the work setting) where people say the dumbest, most abusive things possible, all of which can subject them to legal liability. Ask yourself: why is it lawyers always want emails in discovery? Although this does not relate to social media directly, we all remember the lawyers in the news recently for their racist and disgusting emails, which ripped their firm—a firm they started—apart. Ultimately, that story was spread by social media. If you say anything in an email, assume it never goes away. If someone says something horrible to you in an email, make sure you keep a record.

Do I keep such things, you may ask?

I won’t answer that question other than to say that I have a Master of Science in Library Science, and I’ve been a litigator for 18 plus years. And…I’ve published two short stories.

Surely those things cannot be related, right? What is it writes do? They describe. Of course, the fictional stories are made up. After all, it’s fiction.

2.     Get permission before using pictures, articles, or content written by someone else:  Using a person’s or corporation’s pictures, articles or other intellectual property without permission may be copyright infringement. This may subject you to a lawsuit for money damages. Copyright law can be quite thorny, especially with the new Copyright Claims Board, which is essentially a small claims court for copyright claims. This makes it easier to pursue such claims whereas before it was too expensive. Consider number 5, which relates to trademark issues as those may be raised as well.

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3.     Do not say anything on social media sites you do not want repeated: Be careful about what you say and when you say it. There are numerous examples of employers seeing Facebook (or other social media posts) posts where people have said they never work at work; then the employer fires the employee. You can imagine other things people post online while clearly at work.

4.     Be careful about the pictures you post:  They might make you look bad (I don’t mean just appearance) or get you sued. Anyone remember what happened to Urban Meyer after those pictures of him at the bar surfaced?

5.     Do not use trademarks without permission: It is against the law to use a trademark without permission. Examples of trademarks include McDonald’s golden arches, Allstate’s good hands, and anything else that may be or is intellectual property.

6.     Watch out for spammers:  Be wary of spammers on Facebook, your phone, email, and other social media outlets. They may be trying to steal your identity. One recent scam is that Facebook scam on Facebook Marketplace where a potential buyer wants a Google Code to “verify you are who you say you are.” It’s a scam.

7.     Refrain from giving TMI (Too Much Information):  Some people chronicle their entire lives on Facebook, which, although entertaining (we love to watch a good train wreck),it can create all kinds of issues. For example, this exposes you to identity theft and blackmail. It can also be used to piece together what’s known as a “synthetic identity” for you, which can result in theft of your information and resources.

8.     Assume what you say never goes away: The internet is vast, and things said on the internet never go away. In other words, what you say may come back to haunt you. If you doubt me, look at the “WayBack Machine,” which takes snapshots of the Internet even if those snapshots no longer exist on websites. It is run by the Internet Archive, which is tasked with preserving the internet.

9.     Police catch criminals by reading their Facebook pages all the time: Criminals like to brag, and they often do so on Facebook. Police know this, and they catch criminals this way all the time. They use TikTok, Twitter, and other social media as well. This applies to other situations that are not of the criminal variety.

10.  Assume people Google you and look at social media about you: I look people up on Facebook, TikTok, Twitter, and other social media all the time. But the first thing I do is Google them, which can tell you a lot very quickly and cheaply. What people say on social media outlets says a lot about them.

Thanks for reading. Feel free to email me at michaelwuva78@gmail.com or michael@wellslaw.us. I use both.

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