Most of you probably know of Judge Harold Baer who sits in the Southern District of New York. I appeared before him numerous times when he sat across the street in State Supreme Court. Judge Baer is highly intelligent and has written some excellent opinions during his stint on the Federal Bench. And don't get me wrong, I'm a liberal, socially conscious individual married to a female, minority attorney.
But, Judge Baer's recent decision requiring a "private law firm " in a class action case before him, to put one female attorney and one minority attorney on the case is a clear(dangerous ) example of the Judiciary overstepping it's bounds.
What will the Judge do next? Require lawyers of certain ages on cases ? Or of certain heights, weights, eye color, economic background? Or maybe he will require one lawyer from each political party to appear on the case? Give me a break!
Judge Baer , respectfully ventured into a territory the judiciary has no business in. Maybe he will next require "all blue matching suits " for the litigators who appear on this case.
The choice of what attorneys should appear on a case is solely the client's and the law firm....and no one else!
Sunday, October 31, 2010
Wrongful Imprisionment cases; City of New York is Paying some serious money($) to settle.
Not too long ago before individuals were being cleared through DNA testing(The Innocence Project etc.,) false imprisonment /malicious prosecution cases against The City of New York or The State of New York were looked at as more of "long-shots", rather than legally recognized causes of action. I prosecuted several myself; and without "eveidence of blatant police misconduct"(like the old 3oth precict cases) they were "uphill battles".
Now with firms like Neufeld,Scheck and Brustin and Beldock, Levine and Hoffman these cases are getting the attention of defendants and the "Bench", that they warrant and deserve.
How would you like to "wrongly " spend fifteen years in prision in the prime of your life?Just this past week, the City of New York agreed to settle the case of Jose Garcia (who wrongly spent 15 years in prision ) for $7.5 million . The money will not get him those years back; but justice was served. He probably did better by settling the case rather than trying his case. HIS ATTORNEYS? Neufeld, Scheck and Brustin. Congratulations to you , Mr. Garcia and your fine attorneys!
Now with firms like Neufeld,Scheck and Brustin and Beldock, Levine and Hoffman these cases are getting the attention of defendants and the "Bench", that they warrant and deserve.
How would you like to "wrongly " spend fifteen years in prision in the prime of your life?Just this past week, the City of New York agreed to settle the case of Jose Garcia (who wrongly spent 15 years in prision ) for $7.5 million . The money will not get him those years back; but justice was served. He probably did better by settling the case rather than trying his case. HIS ATTORNEYS? Neufeld, Scheck and Brustin. Congratulations to you , Mr. Garcia and your fine attorneys!
If I can't get you a better funding deal, I'll eat my hat!
Just last week I went to visit one of my customers, a well respected plaintiff's trial shop in Manhattan. This firm does a lot of "trial work" for smaller firms, and accordingly they "inherit files" with funding already in place. They asked me to take a look at some files to see if I could refinance existing funding deals to secure a better funding rate.
I was floored at the outrageous rates the clients were paying......all compounding on a monthly basis as well. The first three I looked at , I was able to refinance on a "non-compounding basis: a savings of untold thousands for the client. I am hopeful I can refinance dozens more for them.
If you have one of these "onerous deals" in place; call me asap.....Don't wait until the lien grows and grows like "Pinocchio's nose". If I can't help you, I will eat my hat!
I was floored at the outrageous rates the clients were paying......all compounding on a monthly basis as well. The first three I looked at , I was able to refinance on a "non-compounding basis: a savings of untold thousands for the client. I am hopeful I can refinance dozens more for them.
If you have one of these "onerous deals" in place; call me asap.....Don't wait until the lien grows and grows like "Pinocchio's nose". If I can't help you, I will eat my hat!
Friday, October 29, 2010
Next six weeks; Record fundings expected!
End of the year, trials galore, carriers wanting year end settlements, Thanksgiving, Hannukah, Christmas, vacations, New Years, medicare.......all add up to one thing; Extensive funding needs!
I'm working 7 days a week to keep up and to be accessible to the "plaintiff's bar" and it's clients!
Good luck!
I'm working 7 days a week to keep up and to be accessible to the "plaintiff's bar" and it's clients!
Good luck!
Wednesday, October 27, 2010
Watch out for Insurance Companies who prey on claimants in the days following the accident.
I was just recently looking at a funding deal; passenger, lumbar fusion, top plaintiff's firm and $1 million coverage and $500,000 respectively on the 2 cars. Looks fine, right? Well almost.
As it turns out the carrier with the $500,000 policy, a fews days post-accident gave the plaintiff $1,500 and had him sign a release. He was not represented by counsel at the time. Yikes!
So while everyone is proceeding in the case...this issue can be brought to the forefront via a summary judgment motion at any time. Of course the plaintiff was unrepresented, didn't know what he was signing and believed it was for medical treatment....but it still"lurks " out there. This practice is sneaky, underhanded and as far as I'm concerned should be outlawed by Insurance Department guidelines or statutory enactment.
How do we curb these tactics? Answer: Prohibit carriers, defendants or third-party TPA's from settling a bodily injury case directly with a claimant for the first 30 days post-accident. What do you think?
As it turns out the carrier with the $500,000 policy, a fews days post-accident gave the plaintiff $1,500 and had him sign a release. He was not represented by counsel at the time. Yikes!
So while everyone is proceeding in the case...this issue can be brought to the forefront via a summary judgment motion at any time. Of course the plaintiff was unrepresented, didn't know what he was signing and believed it was for medical treatment....but it still"lurks " out there. This practice is sneaky, underhanded and as far as I'm concerned should be outlawed by Insurance Department guidelines or statutory enactment.
How do we curb these tactics? Answer: Prohibit carriers, defendants or third-party TPA's from settling a bodily injury case directly with a claimant for the first 30 days post-accident. What do you think?
Sunday, October 24, 2010
Did you ever make $30,000 an hour?
One of the most exciting moments I experienced in my almost 20 years litigating cases in New York, was over before you could blink your eyes. About 6 years ago, I'm in my office doing paperwork on a very quiet "holiday day" when I get a call from a former[satisfied client] who tells me she was filming a tv commercial with a "major sports celebrity". During a break, in front of 200 people the celebrity ,(while my client was kneeling), bobbed her head up and down by his crotch mimicking oral sex. Extras on the set had witnessed it and my client was humiliated, scared and terrified that if she complained she would "be blackballed " forever in her industry.
She told me there was a"woman extra " on the set who would be cooperative, who had confirmed to my client that she saw every horrible little detail. I advised my client to immediately contact the witness and set up an interview where I could obtain a written statement. Next thing you know I'm with my client [ 1/3rd retainer in my bag]at the witness's apartment by the Seaport, taking and notarizing an ironclad written statment. Retainer signed , of course[hey!].
Immediately afterwards I did 2 things;
1. Dictated a complaint to my secretary to be filed in Supreme Court, New York County[from the cab] and
2. Contacted a childhood friend[agent in the sports business ]to get the sports celebrity's cell #.
My friend as it turned out was very close with the celebrity and he did try to mediate.I called the defendant on his cell phone, introduced myself in a very professional manner, explained our version and read him the "guts of the statement". I also became aware that he had a huge sporting event the next day and of course I had every intention of sending the filed complaint to the Post, Channel 4[I knew Ralph Pensa] and of course ESPN. I stated in no uncertain terms "we needed to settle today" or I would file the complaint at 5 minutes to 5 befote the Clerk's office closed. He listened , asked a question or two and said that they would be in touch shortly. Next call ,my friend begging us to go away for $20,000. Rejected! Next call the sports agent; " can something be worked out here "? Of course for $750,000, a letter of reference and a guarantee she would not be blackballed. Next call, fancy sports attorney from L.A. called. Let the games begin!
I immediately sensed vulnerability; i.e. irreparable damage to an ironclad reputation which could cause the end of a career and countless millions. So I came from a position of strength and played my best hand....the independent eyewitness's written, notarized account. That statement would carry the day and a $600,000 settlement consummated in the hallway in the Courthouse leading to the counter where complaints are filed at 4:55 p.m. Surreal moment.
Justice done, client gets her coop, her career is unblemished , celebrity no worse for wear[just $600,000] and Goldman makes $30,000 per hour($200,000 fee for 6 and a half hours). Not bad for a day's work!
She told me there was a"woman extra " on the set who would be cooperative, who had confirmed to my client that she saw every horrible little detail. I advised my client to immediately contact the witness and set up an interview where I could obtain a written statement. Next thing you know I'm with my client [ 1/3rd retainer in my bag]at the witness's apartment by the Seaport, taking and notarizing an ironclad written statment. Retainer signed , of course[hey!].
Immediately afterwards I did 2 things;
1. Dictated a complaint to my secretary to be filed in Supreme Court, New York County[from the cab] and
2. Contacted a childhood friend[agent in the sports business ]to get the sports celebrity's cell #.
My friend as it turned out was very close with the celebrity and he did try to mediate.I called the defendant on his cell phone, introduced myself in a very professional manner, explained our version and read him the "guts of the statement". I also became aware that he had a huge sporting event the next day and of course I had every intention of sending the filed complaint to the Post, Channel 4[I knew Ralph Pensa] and of course ESPN. I stated in no uncertain terms "we needed to settle today" or I would file the complaint at 5 minutes to 5 befote the Clerk's office closed. He listened , asked a question or two and said that they would be in touch shortly. Next call ,my friend begging us to go away for $20,000. Rejected! Next call the sports agent; " can something be worked out here "? Of course for $750,000, a letter of reference and a guarantee she would not be blackballed. Next call, fancy sports attorney from L.A. called. Let the games begin!
I immediately sensed vulnerability; i.e. irreparable damage to an ironclad reputation which could cause the end of a career and countless millions. So I came from a position of strength and played my best hand....the independent eyewitness's written, notarized account. That statement would carry the day and a $600,000 settlement consummated in the hallway in the Courthouse leading to the counter where complaints are filed at 4:55 p.m. Surreal moment.
Justice done, client gets her coop, her career is unblemished , celebrity no worse for wear[just $600,000] and Goldman makes $30,000 per hour($200,000 fee for 6 and a half hours). Not bad for a day's work!
Wednesday, October 20, 2010
Bhopal,Union Carbide , All these years later.
One of the truly horrific incidents of the 1980's was the Union Carbide Gas Disaster which took place in Bhopal India at the end of December 1984-early 1985. I remember the time frame well. I was admitted to practice law in N.J. in December 1984 and then in New York in February 1985. Well, I vividly recall, just after my New York admission being sent off on a plane by the firm I worked for in Manhattan to meet our Indian Lawyer contact in India. I made our contact , signed up thousands of cases and over two trips stayed for 2 months. While in India I saw many of our finest personal injury firms ,obviously there on the same mission.
While the case dragged on. Judge Keenan eventually dismissed it on "forum non conveniens grounds, effectively transferring the case back to India for it's conclusion.
Well, just a few months ago I received a call from a friend who knew I had been in Bhopal , who let me know that he saw in the Law Journal that Judge Keenan still had, and was deciding some Bhopal related matters. "Justice, just 25 years later."
While the case dragged on. Judge Keenan eventually dismissed it on "forum non conveniens grounds, effectively transferring the case back to India for it's conclusion.
Well, just a few months ago I received a call from a friend who knew I had been in Bhopal , who let me know that he saw in the Law Journal that Judge Keenan still had, and was deciding some Bhopal related matters. "Justice, just 25 years later."
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