Messages In This Digest (9 Messages)

1a.: Re: Need Mediation Fires and Prayers Tomorrow (Friday) From: Jana R. Barnett

2a.: Pep Boys From: Michael Brandner
2b.: Re: Pep Boys From: Edwin Dougherty

3a.: Re: Insurance policy question From: Brian Cadwallader
3b.: Re: Insurance policy question From: Joseph F. Bufogle Sr.
3c.: Re: Insurance policy question From: Andrew Mundwiller
3d.: Re: Insurance policy question From: John Charland

4a.: Help-Who's on CAALA list serve? From: Sonia Chaisson
4b.: Re: Help-Who's on CAALA list serve? From: Laura Horton

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Messages

1a.: Re: Need Mediation Fires and Prayers Tomorrow (Friday)

Posted by: "Jana R. Barnett" jrbarnet@ptd.net

Fri Jan 27, 2012 4:27 am (PST)

Best wishes for a bonfire on Friday, Margie!

On 1/26/2012 9:38 PM, MargiAlfor@aol.com wrote:
>
> I have a big mediation tomorrow and would appreciate mediation fires
> and prayers. In this one I am actually one of the parties. The April
> 27, 2011 tornadoes in Alabama destroyed rental property that had been
> in my family for five generations. The tenant was required to keep the
> insurance on the property. She has received over $1.1 million from the
> insurance companies but only has offered to give us $100,000 even
> though the lease requires her to use the money to repair the
> buildings. We have mediation tomorrow. Please send thoughts and
> prayers my way tomorrow. Thanks.
> Margie Searcy Alford
> Birmingham, AL
>

--
Jana R. Barnett, 1238 Cleveland Avenue, Wyomissing, PA 19610-2102

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Messages in this topic (3)

2a.: Pep Boys

Posted by: "Michael Brandner" michael@brandnerlawfirm.com mike_brandner

Fri Jan 27, 2012 6:13 am (PST)

List mates:

I have a suit against Pep Boys wherein an employee struck my client on a
bike while the employee test drove a vehicle. Does anyone have any
discovery targeted towards Pep Boys policies and/or procedures?

Michael S. Brandner, Jr., Esq.

Brandner Law Firm, LLC

3324 N. Causeway Blvd.

Metairie, Louisiana 70002

Tel.:(504) 552-5000 Fax: (504) 521-7550

Email: <mailto:michael@BrandnerLawFirm.com> michael@BrandnerLawFirm.com

Description: Description: Description: Description: Description:
Description: BrandnerLogo6.29.11

<http://brandnerlawfirm.com/> http://brandnerlawfirm.com/ or
<http://nolaattorney.com/> http://NolaAttorney.com/

PLEASE NOTE OUR NEW FAX NUMBER (504) 521-7550

Ad Majorem Dei Gloriam Illegitimi non carborundum

NOTICE: This E-mail (including attachments) is covered by the Electronic
Communications Privacy Act, 18 U.S.C. §§ 2510-2521, is confidential and may
contain attorney-client materials and/or attorney work product, legally
privileged and protected from disclosure. This e-mail is intended only for
the addressee named above. If you are not the intended recipient, you are
hereby notified that any retention, dissemination, distribution, or copying
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Messages in this topic (2)
2b.: Re: Pep Boys

Posted by: "Edwin Dougherty" indianaed2@yahoo.com

Fri Jan 27, 2012 7:08 am (PST)

say it aint so,,,,manny moe and jack?

Edwin Dougherty
Dougherty Law Office
PO Box 186
Bellefontaine, Ohio 43311
(937)599-5834

________________________________
From: Michael Brandner <michael@brandnerlawfirm.com>
To: trialwarriorsforjustice@yahoogroups.com
Sent: Friday, January 27, 2012 9:13 AM
Subject: [trialwarriorsforjustice] Pep Boys

List mates:

I have a suit against Pep Boys wherein an employee struck my client on a bike while the employee test drove a vehicle. Does anyone have any discovery targeted towards Pep Boys policies and/or procedures?

Michael S. Brandner, Jr., Esq.
Brandner Law Firm, LLC
3324 N. Causeway Blvd.
Metairie, Louisiana 70002
Tel.:(504) 552-5000 Fax: (504) 521-7550

Email: michael@BrandnerLawFirm.com
http://brandnerlawfirm.com/or http://NolaAttorney.com/
PLEASE NOTE OUR NEW FAX NUMBER (504) 521-7550
Ad Majorem Dei Gloriam Illegitimi non carborundum
NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, is confidential and may contain attorney-client materials and/or attorney work product, legally privileged and protected from disclosure. This e-mail is intended only for the addressee named above. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it and any and all copies of it. Thank you.

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3a.: Re: Insurance policy question

Posted by: "Brian Cadwallader" briancad@yahoo.com briancad

Fri Jan 27, 2012 6:37 am (PST)

I don't think so. Only one deceedent, 25. WD is derivative.

Brian Cadwallader The Cadwallader Firm 24030 Typo Creek Dr. NE Stacy, MN 55079 651-462-3332 briancad@yahoo.com

From: John Charland <charlandlaw@justice.com>
To: trialwarriorsforjustice@yahoogroups.com
Sent: Thursday, January 26, 2012 4:52 PM
Subject: [trialwarriorsforjustice] Insurance policy question

In a wrongful death action, both parents of the decedent have a claim (as would a child or spouse of the decedent). Thus, if the tortfeasor's policy is, for example, 25/50, then the payout is the 50, not the 25, correct?

Find a local lawyer and free legal information at FindLaw.com.

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Messages in this topic (7)
3b.: Re: Insurance policy question

Posted by: "Joseph F. Bufogle Sr." jfbufogle@msn.com jfbufoglemsncom

Fri Jan 27, 2012 7:23 am (PST)

That is a state law question but I can tell you the policy drafts and law of any jurisdiction I have ever encountered would make that a single limit matter (i.e. "all claims" = 25/50 only).
Regards,

Joseph F. Bufogle, Sr.
Bufogle & Associates, P.C.
Trial Lawyers
2405 E. Skelly Dr.
Tulsa, Oklahoma 74105
Tel: 918-587-3407
Fax: 918-587-3437
email: jfbufogle@msn.com
web: www.bufoglelaw.com

This e-mail is not intended as legal advice. This e-mail and the documents accompanying it may contain confidential information belonging to the sender which is protected by the Attorney/Client privilege or other privileges. Information is intended only for delivery to the individual or the entity named below. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action or reliance on the contents of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone to arrange for return of the documents at 918-587-3407. If you wish not to be contacted by e-mail or, in the future, any e-mails not to be forwarded to you through this originating source, please contact us by telephone to arrange for same. Distribution of this e-mail or the information contained hereunto by any means to anyone other than the intended recipient is strictly prohibited, unless the author has expressly granted, within the foregoing email, permission for distribution of persons who are not otherwise addressed. Unauthorized interception of this e-mail is a violation of federal criminal law.

To: trialwarriorsforjustice@yahoogroups.com
From: briancad@yahoo.com
Date: Fri, 27 Jan 2012 06:37:39 -0800
Subject: Re: [trialwarriorsforjustice] Insurance policy question

I don't think so. Only one deceedent, 25. WD is derivative.

Brian Cadwallader The Cadwallader Firm 24030 Typo Creek Dr. NE Stacy, MN 55079 651-462-3332 briancad@yahoo.com

From: John Charland <charlandlaw@justice.com>
To: trialwarriorsforjustice@yahoogroups.com
Sent: Thursday, January 26, 2012 4:52 PM
Subject: [trialwarriorsforjustice] Insurance policy question

In a wrongful death action, both parents of the decedent have a claim (as would a child or spouse of the decedent). Thus, if the tortfeasor's policy is, for example, 25/50, then the payout is the 50, not the 25, correct?

Find a local lawyer and free legal information at FindLaw.com.

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Messages in this topic (7)
3c.: Re: Insurance policy question

Posted by: "Andrew Mundwiller" andrew@caglellc.com mundwillerlaw

Fri Jan 27, 2012 7:47 am (PST)

John,
I am getting ready to litigate a declaratory judgment action here in Missouri regarding the stacking of liability policies. Read your policy closely. Even if the insurance company tells you that's all there is it doesn't mean that all there is.

The interpretation of policies are questions of law and if ambiguous can provide the argument for additional coverage. I can send you a brief if you want.

From: trialwarriorsforjustice@yahoogroups.com [mailto:trialwarriorsforjustice@yahoogroups.com] On Behalf Of Joseph F. Bufogle Sr.
Sent: Friday, January 27, 2012 9:23 AM
To: Trial Lawyers College
Subject: RE: [trialwarriorsforjustice] Insurance policy question

That is a state law question but I can tell you the policy drafts and law of any jurisdiction I have ever encountered would make that a single limit matter (i.e. "all claims" = 25/50 only).

Regards,

Joseph F. Bufogle, Sr.
Bufogle & Associates, P.C.
Trial Lawyers
2405 E. Skelly Dr.
Tulsa, Oklahoma 74105
Tel: 918-587-3407
Fax: 918-587-3437
email: jfbufogle@msn.com<mailto:jfbufogle@msn.com>
web: www.bufoglelaw.com<http://www.bufoglelaw.com>

This e-mail is not intended as legal advice. This e-mail and the documents accompanying it may contain confidential information belonging to the sender which is protected by the Attorney/Client privilege or other privileges. Information is intended only for delivery to the individual or the entity named below. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action or reliance on the contents of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone to arrange for return of the documents at 918-587-3407. If you wish not to be contacted by e-mail or, in the future, any e-mails not to be forwarded to you through this originating source, please contact us by telephone to arrange for same. Distribution of this e-mail or the information contained hereunto by any means to anyone other than the intended recipient is strictly prohibited, unless the author has expressly granted, within the foregoing email, permission for distribution of persons who are not otherwise addressed. Unauthorized interception of this e-mail is a violation of federal criminal law.

________________________________
To: trialwarriorsforjustice@yahoogroups.com
From: briancad@yahoo.com
Date: Fri, 27 Jan 2012 06:37:39 -0800
Subject: Re: [trialwarriorsforjustice] Insurance policy question

I don't think so. Only one deceedent, 25. WD is derivative.

Brian Cadwallader The Cadwallader Firm 24030 Typo Creek Dr. NE Stacy, MN 55079 651-462-3332 briancad@yahoo.com
From: John Charland <charlandlaw@justice.com>
To: trialwarriorsforjustice@yahoogroups.com
Sent: Thursday, January 26, 2012 4:52 PM
Subject: [trialwarriorsforjustice] Insurance policy question

In a wrongful death action, both parents of the decedent have a claim (as would a child or spouse of the decedent). Thus, if the tortfeasor's policy is, for example, 25/50, then the payout is the 50, not the 25, correct?

Find a local lawyer and free legal information at FindLaw.com<http://findlaw.com/>.

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Messages in this topic (7)
3d.: Re: Insurance policy question

Posted by: "John Charland" charlandlaw@justice.com charlandlaw

Fri Jan 27, 2012 8:46 am (PST)

Thank you all.

This actually is a legal malpractice case where the lawyer split
the fees with an independent "investigator" (unlicensed and thus
by statute not allowed to represent himself as such) and the two
also pocketed thousands that were to go to the decedent's
parents. This investigator has been doing this for years,
getting lawyers to do the fee splitting with him using
imaginative fictions as to their relationship and each lawyer has
been burned, but such lawyers are fungible and this is the newest
to compromise himself. The clients are Navajos, living well up
on the reservation, with no familiarity with the court system.
It is a small case, but a real chance to do justice for victims
of a cheating lawyers, so that is where I am on it. The lawyer
did get the entire policy on the UIM, but he allowed the
investigator to do the underlying claim and he only got the limit
for one person. If that is the law, it limits damages.

I put in a number of hours researching the issue yesterday, but
have not found a case on point. Joe, if you are able to recall
any of those cases, no matter the jurisdiction, I will take it.
If not, no problem and thanks for your words of advice.

John

--- andrew@caglellc.com wrote:

From: Andrew Mundwiller <andrew@caglellc.com>
To: "trialwarriorsforjustice@yahoogroups.com"
<trialwarriorsforjustice@yahoogroups.com>
Subject: RE: [trialwarriorsforjustice] Insurance policy question
Date: Fri, 27 Jan 2012 09:47:31 -0600

John,

I am getting ready to litigate a declaratory judgment action
here in Missouri regarding the stacking of liability policies.
Read your policy closely. Even if the insurance company tells
you thatâ??s all there is it doesnâ??t mean that all
there is.

The interpretation of policies are questions of law and if
ambiguous can provide the argument for additional coverage. I
can send you a brief if you want.

From: trialwarriorsforjustice@yahoogroups.com
[mailto:trialwarriorsforjustice@yahoogroups.com] On Behalf Of
Joseph F. Bufogle Sr.
Sent: Friday, January 27, 2012 9:23 AM
To: Trial Lawyers College
Subject: RE: [trialwarriorsforjustice] Insurance policy question

That is a state law question but I can tell you the policy
drafts and law of any jurisdiction I have ever encountered would
make that a single limit matter (i.e. "all claims" = 25/50
only).

Regards,

Joseph F. Bufogle, Sr.
Bufogle & Associates, P.C.
Trial Lawyers
2405 E. Skelly Dr.
Tulsa, Oklahoma 74105
Tel: 918-587-3407
Fax: 918-587-3437
email: jfbufogle@msn.com <mailto:jfbufogle@msn.com>
web: www.bufoglelaw.com <http://www.bufoglelaw.com>

This e-mail is not intended as legal advice. This e-mail and the
documents accompanying it may contain confidential information
belonging to the sender which is protected by the
Attorney/Client privilege or other privileges. Information is
intended only for delivery to the individual or the entity named
below. If you are not the intended recipient, you are hereby
notified that any disclosure, copying, distribution, or the
taking of any action or reliance on the contents of this e-mail
is strictly prohibited. If you have received this e-mail in
error, please immediately notify us by telephone to arrange for
return of the documents at 918-587-3407. If you wish not to be
contacted by e-mail or, in the future, any e-mails not to be
forwarded to you through this originating source, please contact
us by telephone to arrange for same. Distribution of this e-mail
or the information contained hereunto by any means to anyone
other than the intended recipient is strictly prohibited, unless
the author has expressly granted, within the foregoing email,
permission for distribution of persons who are not otherwise
addressed. Unauthorized interception of this e-mail is a
violation of federal criminal law.

To: trialwarriorsforjustice@yahoogroups.com
From: briancad@yahoo.com
Date: Fri, 27 Jan 2012 06:37:39 -0800
Subject: Re: [trialwarriorsforjustice] Insurance policy question

I don't think so. Only one deceedent, 25. WD is derivative.

Brian Cadwallader The Cadwallader Firm 24030 Typo Creek Dr. NE
Stacy, MN 55079 651-462-3332 briancad@yahoo.com

From: John Charland <charlandlaw@justice.com>
To: trialwarriorsforjustice@yahoogroups.com
Sent: Thursday, January 26, 2012 4:52 PM
Subject: [trialwarriorsforjustice] Insurance policy question

In a wrongful death action, both parents of the decedent have a
claim (as would a child or spouse of the decedent). Thus, if
the tortfeasor's policy is, for example, 25/50, then the payout
is the 50, not the 25, correct?

Find a local lawyer and free legal information at FindLaw.com
<http://findlaw.com/> .

Find a local lawyer and free legal information at FindLaw.com.

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Messages in this topic (7)

4a.: Help-Who's on CAALA list serve?

Posted by: "Sonia Chaisson" soniachaisson@gmail.com

Fri Jan 27, 2012 10:03 pm (PST)

I've been asked to be a moderator. AAJ Education is holding a CLE
program, Exposing, Defusing, and Debunking Junk Science Seminar
Featuring Dorothy Clay Sims, Esq. and Michael Freeman, Ph.D., MPH, DC,
at the W Hollywood this weekend, January 27. I accepted, but I don't
have an address-only an agenda has been forwarded. Can someone find
out where this is seminar is being held.
Sonia

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Messages in this topic (2)
4b.: Re: Help-Who's on CAALA list serve?

Posted by: "Laura Horton" laura@horton-debolt.com hortondebolt

Fri Jan 27, 2012 10:20 pm (PST)

W Hollywood Hotel
6250 Hollywood Blvd.
Los Angeles, CA 90028
[map<http://maps.google.com/maps?q=W+Hotel+Hollywood,+Hollywood+Boulevard,+Los+Angeles,+CA+90028&hl=en&sll=34.10135,-118.325957&sspn=0.007143,0.009645&vpsrc=0&t=v&gl=us&hq=W+Hotel+Hollywood,+Hollywood+Boulevard,+Los+Angeles,+CA+90028&z>]

Take good notes for me! :)

[cid:image001.png@01CCDD41.BAFB35E0]

From: trialwarriorsforjustice@yahoogroups.com [mailto:trialwarriorsforjustice@yahoogroups.com] On Behalf Of Sonia Chaisson
Sent: Friday, January 27, 2012 10:03 PM
To: TLC; trialwarriorsforjustice@yahoogroups.com
Subject: [trialwarriorsforjustice] Help-Who's on CAALA list serve?

I've been asked to be a moderator. AAJ Education is holding a CLE
program, Exposing, Defusing, and Debunking Junk Science Seminar
Featuring Dorothy Clay Sims, Esq. and Michael Freeman, Ph.D., MPH, DC,
at the W Hollywood this weekend, January 27. I accepted, but I don't
have an address-only an agenda has been forwarded. Can someone find
out where this is seminar is being held.
Sonia

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Messages in this topic (2)

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[trialwarriorsforjustice] Digest Number 4983

Messages In This Digest (9 Messages)

Messages

Posted by: "Jana R. Barnett" jrbarnet@ptd.net

Fri Jan 27, 2012 4:27 am (PST)

Posted by: "Michael Brandner" michael@brandnerlawfirm.com mike_brandner

Fri Jan 27, 2012 6:13 am (PST)

Posted by: "Edwin Dougherty" indianaed2@yahoo.com

Fri Jan 27, 2012 7:08 am (PST)

Posted by: "Brian Cadwallader" briancad@yahoo.com briancad

Fri Jan 27, 2012 6:37 am (PST)

Posted by: "Joseph F. Bufogle Sr." jfbufogle@msn.com jfbufoglemsncom

Fri Jan 27, 2012 7:23 am (PST)

Posted by: "Andrew Mundwiller" andrew@caglellc.com mundwillerlaw

Fri Jan 27, 2012 7:47 am (PST)

Posted by: "John Charland" charlandlaw@justice.com charlandlaw

Fri Jan 27, 2012 8:46 am (PST)

Posted by: "Sonia Chaisson" soniachaisson@gmail.com

Fri Jan 27, 2012 10:03 pm (PST)

Posted by: "Laura Horton" laura@horton-debolt.com hortondebolt

Fri Jan 27, 2012 10:20 pm (PST)