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Last night while in my front yard, my neighbor walked by and informed me that she is the attorney that is handling the law suit against NSS/CDS. That really pissed me off. That suite should have never been allowed to progress where it has.
If you not aware of the ongoing process Google it.
This is expensive and ridiculous that NSS/CDS must defend themselves for a undeserved law suite.:arrowred
is this about the two dives at Wayne's world? (last post on this thread: http://www.scubaboard.com/forums/acc...dson-fl-4.html)
You should start reporting every single HOA violation you can possibly think of to keep her busy.Quote:
Originally Posted by shellmoundal
Hahaha, I love it!Quote:
Originally Posted by jj1987
Have any projects around the yard to be tended to? Involving chainsaws and nail guns? At about 3AM?
Or do you just know any, say, biker gangs that come over and have a party... every night.
If she is an associate, or even partner at a firm, she may not have a choice in pursuing the case. When your boss brings you a file, and says "get to it", you have to represent your client, even the stupid ones, with zealousness.Quote:
Originally Posted by shellmoundal
Not if you have scruples. She could have told the client, "Ma'am, your husband knew he was not qualified to dive that site, so he lied to the gatekeeper so he could get in. He was trespassing and he KNEW he was trespassing. He KNEW he didn't have the qualifications to dive there, so he lied about why he was going there."Quote:
Originally Posted by Benderr
another opportunity for the cave community to shine
Thanks for your concern, yes the lawsuit is still ongoing. We are not allowed to publicly comment on the pending litigation. We do have a legal defense fund set up for those so inclined. We will keep moving forward.
http://nsscds.mybigcommerce.com/lega...donation-fund/
You really should move to a better neighborhood if you have an infestation of attorneys. I'd much rather live in the woods with the gators and snakes.
I think Bed Bugs might be better than most Attorneys, I know one or two that are fairly nice guys. the ones that are not usually are PIQuote:
Originally Posted by cmint
Everyone has a job to do. No reason to get your panties in a wad.
What makes you think she didn't? For the sake of argument though, do you think the plaintiff was unaware of any of those facts before filing the case? This case could exist without lawyers, but it couldn't exist without the Plaintiff. In any case, the lawyer is an employee of the plaintiff. If the lawyer works at a firm, then she likely also has bosses at the firm assigning cases to her.Quote:
Originally Posted by Slüdge
I'm not defending the case. I agree with your points, but more often than not, lawyer-hating should be redirected toward the clients. There are actual scumbag lawyers out there, but my experience is that the profession is pretty much even with any other profession in that regard.
Aren't you married to a lawyer?
You guys should be pissed at the people that made laws allowing for frivolous lawsuits like this, not the lawyers.
Yes, but most American politicians were lawyers at one time :roll:Quote:
Originally Posted by bent
Isn't this lady working free for a relative and not under a firm?
Our legal system just blows... :(
Safe diving,
Rich
On second thought, you probably should be pissed at lawyers.Quote:
Originally Posted by FW
I think we should be mad at both. It's a free country, despite the best efforts of either! ;)Quote:
Originally Posted by bent
Perhaps, but there is a large population of idiots that keep voting for them.Quote:
Originally Posted by FW
Therein lies the real problem :roll:Quote:
Originally Posted by OFG-1
Know how to tell the difference between a dead lawyer laying on the road and a dead rattlesnake laying on the road?
You'll see skid marks in front of the rattlesnake.
Here in lies the problem. There is a law that states, if you are a trespasser you have no legal standing, the property owner has no duty to protect you, as long there is not traps set. if you are hurt trespassing you have no case. But since Judges are Lawyers too they help their buddies out and allow cases to enter the system instead of the proper course of dismissal at review. This way their buddies might collect a nuisance fee from an insurance company.Quote:
Originally Posted by bent
Just because lawyers are absolutely necessary it doesn't mean they aren't scumbags.
I've never found a good reason to be friendly to lawyers, only acquaintance i have that is one....is a scumbag.
In my opinion she was either being overly friendly or a douche by her announcement to you.
Only way to tell would be to observe the interaction, but i'd default to douche.
It's different in each state, but not as simple as you claim. A property owner still has certain duties when hazards are present, even in the case of the trespasser. Also, I understood that they were on the property with the permission of the keyholder. If they were on the property with permission, even if they obtained that permission by deceit, the owner still has certain duties related to hazards or conditions.Quote:
Originally Posted by curtschu
Right.... So are they buddies with Plaintiff's Counsel, or Defense Counsel? Aren't they stabbing one buddy in the back to give the other buddy nuisance value? What happens when the case is appealed? I guess when the Judge gets his @$$ handed back to him by the appeals court, he can soothe his bruised ego with free drinks from his pal the premises liability lawyer?Quote:
Originally Posted by curtschu
I assume it's just the one family (Spencer) that sued?
The lawyer representing the plaintiff is a male not female. Your neighbor is probably a second stringer or assistant.
Quote:
Originally Posted by curtschu
Simply, not true. A property owner owes even a trespasser more than just the duty to not set unidentified snares or traps.
A cave diver, another cave diver & an attorney walk into a bar... then a sink hole forms. No more NSS/CDS lawsuit...
So you think these guys are doing it all for free? Everyone is getting paid. If a case is immediately dismissed on the lack of merit, or matter of Law No one gets paid. The County gets no more filing fees, the Defense, Plaintiff lawyers get nothing more, Is it free to file an Appeal? doubt it. It is a Flawed systems. And God forbid you ever have a contact with the Police and the Criminal side. You are just a Piggy Bank for the county and they are going to shake you for every penny they can get.Quote:
Originally Posted by Benderr
Here is a good article:Quote:
Originally Posted by Rhino
http://southfloridainjuryaccidentblo...-distinctions/
A filing fee doesn't pay a thing. A short deposition is going to cost what a filing fee runs. Certainly it's not paying for even the lowliest employee at the courthouse to shuffle papers. An appeal fee is usually higher, but again, you're probably spending more in copy costs than whatever the appeal fee is. The judicial staff and clerks work at the courthouse every day. If 100 civil cases were dropped each year, they would still be overworked. The county doesn't NEED your filing fee, or care about your case. They're settling disputes in a courtroom so you don't walk over to some dude's house with a shotgun and try to settle it yourself.Quote:
Originally Posted by curtschu
Plaintiff's lawyers in these types of cases generally get paid on a contingency basis, meaning they work for free unless there is a recovery.
Defense lawyers bill at an hourly rate, sometimes at a reduced rate for a client that has a retainer contract. They make money win, lose, or draw. I suspect there are some that draw out a losing case for the sake of padding their bills, but I know there are clients that insist on going the distance on cases that are clearly losers because of some mistake in fact, or self-delusion (Plaintiff's are much the same).
You're asserting that there's some conspiracy between the judicial system and plaintiff / defense attorneys to bilk the general population out of their hard-earned money. That's simply not true. There are certainly instances where such things take place, just as there are doctors that defraud medicare and medicade, and individuals that defraud the SSI disability program. That doesn't mean that every doctor and every disabled person is out to get you, anymore than every cop, judge, court clerk, or lawyer is out to get you.
What's is interesting is that in Florida horseback riding is considered an "inherently dangerous activity" yet cave diving is not. If a horse throws you, you cant sue the property owner.
And letting people use stuff for free offers protections as well:Quote:
Originally Posted by Sly-vester
Florida Recreational Use Statute
http://www.flsenate.gov/Laws/statutes/2012/0375.251
https://asci.uvm.edu/equine/law/recreate/fl_rec.htm
Quote:
Originally Posted by Benderr
We have tried to assert that law to get land owners to let us use the land..... "Let me check with my attorney". We just walk away.