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Need some input from real, actually practicing litigators itt please
Poast new message in this thread
Date: October 31st, 2024 3:34 PM Author: ...:.;.;...;.;;::;
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Date: October 31st, 2024 3:41 PM Author: Jason Genova Why is someone clueless enough to ask for help on such a question being so demanding about the requested replies? (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264329) |
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Date: October 31st, 2024 3:44 PM Author: ...:.;.;...;.;;::; to minimize catty reponses like yours.
Any real comments? |
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Date: October 31st, 2024 3:48 PM Author: ,,,...,,......,,....,,,,,,,,....... Bad faith isn’t about your personal actions. The question would be whether the court in general believes you intentionally lowballed it to defeat diversity jx. And circumstantially that seems likely if you are only a couple thousand below and then suddenly jack it up after a year. Pepper angus faggot (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264366) |
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Date: October 31st, 2024 3:51 PM Author: ...:.;.;...;.;;::; (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264387) |
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Date: October 31st, 2024 3:54 PM Author: ...:.;.;...;.;;::; What about that component? judge will blow past that? Fed court judge doesnt want this kind of case in his court ... (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264403) |
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Date: October 31st, 2024 4:00 PM Author: ...:.;.;...;.;;::; This is the heart of what I’m getting at. What can I expect, generally? Looking for practicing competent attorneys only to respond, not the riff raff below. (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264428) |
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Date: October 31st, 2024 4:07 PM Author: Sean South of Garryowen Good state courts where I practice. File a complaint in state court where it rightfully belonged. Defendant removes. District court ripped, I mean RIPPED, the Defendant for removing. So you might actually get a federal judge to apply letter of the law on the one year and bump back down to state. (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264468) |
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Date: October 31st, 2024 4:10 PM Author: ...:.;.;...;.;;::; (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264481) |
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Date: October 31st, 2024 3:49 PM Author: Jason Genova State your LSAT before I engage you further (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264375) |
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Date: October 31st, 2024 3:45 PM Author: ...,,..;...,,..,..,...,,,;.., wtf is a ad damnum?
ive been a lawyer for 20 yrs and never heard that term. is this some shitlaw phrase to sound smart? |
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Date: October 31st, 2024 3:46 PM Author: but at what cost (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264354) |
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Date: October 31st, 2024 3:47 PM Author: infraphysics is hetero ad dayyyyummmmm (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264357) |
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Date: October 31st, 2024 3:50 PM Author: ...,,..;...,,..,..,...,,,;.., damnum daddy! (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264379) |
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Date: October 31st, 2024 4:13 PM Author: ...:.;.;...;.;;::; (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264500) |
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Date: October 31st, 2024 3:47 PM Author: Sean South of Garryowen LOL. I was just going to type the same thing-- I looked it up on google to make sure OP didn't spell something wrong. (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264361) |
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Date: October 31st, 2024 3:47 PM Author: ...:.;.;...;.;;::; The specified amount sued for.
I will clarify that as it might be unfamiliar to litigators (?) |
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Date: October 31st, 2024 3:48 PM Author: Sean South of Garryowen I litigate-- never heard the term where I litigate. Maybe I learned it in law school though. (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264367) |
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Date: October 31st, 2024 3:50 PM Author: ...,,..;...,,..,..,...,,,;.., i'm a litigator. not a shitigator. (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264382) |
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Date: October 31st, 2024 3:47 PM Author: Nippon Professional Baseball Is this SP? (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264358) |
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Date: October 31st, 2024 3:52 PM Author: McDonald Trump (gunneratttt) seems like spaceporn but he was poasting under a sudo the other day. but this really seems like him. maybe an alt?
https://www.xoxohth.com/thread.php?thread_id=5620244&mc=87&forum_id=2#48255757 |
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Date: October 31st, 2024 5:05 PM Author: chilmata That was my guess (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264794) |
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Date: October 31st, 2024 3:47 PM Author: hank_scorpio you haven't provided enough info for anyone to possibly help you bro (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264360) |
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Date: October 31st, 2024 3:49 PM Author: ...:.;.;...;.;;::; how so? What I provided was pertinent to the issue. What am i missing? (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264377) |
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Date: October 31st, 2024 3:50 PM Author: infraphysics is hetero the fact that everyone hates you, mostly (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264386) |
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Date: October 31st, 2024 3:52 PM Author: ...:.;.;...;.;;::; I'm just curious to see if they can articulate whats they think Im missing. I suspect not, which is privately amusing to me. There arent real lawyers on here any more,except for maybe a handful. (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264391) |
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Date: October 31st, 2024 3:53 PM Author: infraphysics is hetero Why not go privately amuse yourself in private? (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264398) |
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Date: October 31st, 2024 3:56 PM Author: McDonald Trump (gunneratttt) "there are no REAL lawyers like me here!"
"anyway, can someone help me out with this 1L diversity jx hypo for a 72k case i'm handling. btw i've been doing this for 20 years and am terrified of federal court lol." |
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Date: October 31st, 2024 3:52 PM Author: McDonald Trump (gunneratttt) (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264395) |
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Date: October 31st, 2024 3:51 PM Author: ...,,..;...,,..,..,...,,,;.., this thread isnt going well for op, and it's almost like op wanted the catty responses by telling people on xo when they can and cant poast. it's kind of meta good work (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264389) |
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Date: October 31st, 2024 3:53 PM Author: ...:.;.;...;.;;::; how can you not know what ad damnum is? I dont think you actually do legal work (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264397) |
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Date: October 31st, 2024 3:55 PM Author: ...,,..;...,,..,..,...,,,;.., i was top of class at top ls and an appellate clerk, faggot (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264407) |
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Date: October 31st, 2024 4:15 PM Author: ...:.;.;...;.;;::; how can you not know what ad damnum is?
You arent actually practicing law |
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Date: October 31st, 2024 3:57 PM Author: McDonald Trump (gunneratttt) i was in lit the majority of my career and clerked. literally never heard this before lol. (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264414) |
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Date: October 31st, 2024 4:08 PM Author: ...:.;.;...;.;;::; yes but we all already know you are a moron (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264470) |
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Date: October 31st, 2024 4:12 PM Author: McDonald Trump (gunneratttt) you're literally asking 1L diversity jx questions because you're a 20th year shitlaw associate who routinely gets assigned the most dogshit cases your firm gets e.g. this 72k matter from a client that fired his last attorney. (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264499) |
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Date: October 31st, 2024 4:14 PM Author: ...:.;.;...;.;;::; etc etc here we go I've triggered the current board moron despite my clear instruction to him to stay out of the thread w that stuff ... (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264508) |
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Date: October 31st, 2024 4:17 PM Author: McDonald Trump (gunneratttt) i've clearly instructed you to 1) scramble your pw and 2) stop raping your fake son and you haven't complied (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264528) |
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Date: October 31st, 2024 3:53 PM Author: McDonald Trump (gunneratttt) this is either spaceporn or a pitch-perfect spaceporn schtick. just so aggressively unlikability from the jump. (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264401) |
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Date: October 31st, 2024 3:54 PM Author: infraphysics is hetero (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264404) |
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Date: October 31st, 2024 4:10 PM Author: Nippon Professional Baseball (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264478) |
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Date: October 31st, 2024 4:01 PM Author: werekike honestly a poor showing for zozo to not know "ad damnum". i thought we commended retention of arcane latin terminology here (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264431) |
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Date: October 31st, 2024 4:02 PM Author: but at what cost no real litigator uses that retarded latin shit anymore (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264441) |
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Date: October 31st, 2024 4:08 PM Author: ...,,..;...,,..,..,...,,,;.., (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264473) |
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Date: October 31st, 2024 4:32 PM Author: werekike (not a SCHOLAR) (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264627) |
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Date: October 31st, 2024 4:20 PM Author: CriminalConversation (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264542) |
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Date: October 31st, 2024 3:53 PM Author: trump (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264402) |
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Date: October 31st, 2024 4:00 PM Author: Gregor Should be easy win for you ime. Consider filing a 486 motion if the Stirling doctrine applies. It may given your facts. (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264422) |
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Date: October 31st, 2024 4:04 PM Author: ...:.;.;...;.;;::; Enjoyed this. Thanks. (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264451) |
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Date: October 31st, 2024 4:03 PM Author: Sean South of Garryowen Here is my take:
The original pleading seems intended to keep it in State Court-- $300,000 is quite different from $72,000. After the deadline to remove you say to OC, hey upping the damages by more than triple. You OK with that?
She says, "No" understandably.
You have a good point re the Court has not even agreed to allow you to change the ad dandum or whatever (aside, isn't this a routine amendment absent any sleazy tactic to avoid federal court? Like, if I want to amend my complaint to add a clam, etc. usually the other side agrees to allow it and, if they don't, the Court will certainly allow).
However, she will say, IF you are hell bent on the $300,000 then you should not have a problem with Federal Court, since you waited this long to amend. Why is it her problem if you just came into the case? You basically spring this big bump in damages on her after the deadline.
I think you lose. |
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Date: October 31st, 2024 4:07 PM Author: ...:.;.;...;.;;::; (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264466) |
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Date: October 31st, 2024 4:08 PM Author: Sean South of Garryowen See my poast above-- your hope is that the Federal Judge says, "I don't want this on my docket and I have a clear path to kicking it back" and, therefore, does so. Could happen. (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264474) |
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Date: October 31st, 2024 4:11 PM Author: ...:.;.;...;.;;::; (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264490) |
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Date: October 31st, 2024 4:15 PM Author: Bill (((Goldberg))) You are historically dumb.
"Bad faith" has nothing to do with whether you, personally, filed the complaint.
You are also conflating the "value" of the case with the amount in controversy. Settlement value and likelihood of success have nothing to do with whether a case is removable. If you have a case with $75,001 in damages, a 1% chance of success, and a $75 settlement value, the removal threshold is met. |
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Date: October 31st, 2024 4:18 PM Author: ...:.;.;...;.;;::; Bad faith has variable meanings in fed court context my bro. It can be "bad faith" in fed court to include a rightful defendant in a case primarily because he kills diversity. IT can also be bad faith in state court to object needlessly to an increase in ad damnum when the state rules are clear that a motion to amend must be "liberally granted" and the ad damnum can be increased as late as a week or two before trial.
as for settlement value v amount in controversy, bro, I'm trying to work around and justify the original ad damnum amount -- i already know everything you just said and am making arguments. have you ever argued anything in court in the past three years? do you know how constructing arguments works?
Anyway, you arent engaging in good faith w the name calling so I think I'm out Goldberg |
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Date: October 31st, 2024 4:55 PM Author: infraphysics is hetero spaceporn suing posters for acting in bad faith while trying to advise him on the legal meaning of bad faith. incredible thread (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264746) |
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Date: October 31st, 2024 4:56 PM Author: ...:.;.;...;.;;::; ive never sued posters bro (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264751) |
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Date: October 31st, 2024 4:59 PM Author: infraphysics is hetero we're not bros. I don't think anyone thinks you're a bro. you're an asshole to everyone. (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264764) |
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Date: October 31st, 2024 5:04 PM Author: ...:.;.;...;.;;::; you are just mad i called you out for being schizophrenic w no woman no family no career etc. which i did a few minutes ago because you attacked me. (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264792) |
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Date: October 31st, 2024 5:07 PM Author: infraphysics is hetero Not remotely. I can't take anything you say seriously. It's the overcompensation of a middle aged man with a victim complex. (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264801) |
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Date: October 31st, 2024 5:12 PM Author: ...:.;.;...;.;;::; no one here takes anything you say seriously at all. (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264822) |
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Date: October 31st, 2024 5:18 PM Author: infraphysics is hetero Good one. (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264855) |
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Date: October 31st, 2024 4:21 PM Author: McDonald Trump (gunneratttt) "district court finds that the plaintiff has acted in bad faith"
your honor, not only could i not have acted in bad faith because i was not the attorney at the time, i'm also not the plaintiff! i'm his attorney!
one weird trick to avoid removal to fed courts: switch attorneys after a year. |
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Date: October 31st, 2024 4:23 PM Author: ...:.;.;...;.;;::; you arent helping.
for starters, the judge isnt going to write that. he might write something like that but he's not going to write that.
I thought you said you clerked.
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Date: October 31st, 2024 4:32 PM Author: McDonald Trump (gunneratttt) you're so fucking arrogant and stupid it's unreal.
IT DOESN'T MATTER IF *YOU* DIDN'T ACT IN BAD FAITH! IT MATTERS IF THE ORIGINAL ATTORNEY DID!
going from *just* under diversity jx threshold to $300k is going to look like it was done intentionally to avoid federal court. it doesn't matter if YOU did it or not, you fucking retard. you are REPRESENTING the plaintiff, not the plaintiff itself.
you provided no rationale other than "wow, it amount is really low!" for it being 72k. it seems from the facts that it *WAS* kept this low to evade diversity jx. you can't get around this by switching attorneys, you absolute FUCKING moron. |
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Date: October 31st, 2024 4:50 PM Author: ...:.;.;...;.;;::; (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264719) |
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Date: October 31st, 2024 4:53 PM Author: ...:.;.;...;.;;::; Bonus response: I really hate engaging with you because you literally never understand anything, or any nuances of human behavior, or otherwise. You are completely tone deaf and know this and ive pointed this out to you before and you hate that i know it and so now you say i trigger you. Why dont you just let me do my thing without blasting your closet homosexuality all over the board. you just cant help yourself. (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264732) |
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Date: October 31st, 2024 4:54 PM Author: infraphysics is hetero "self defense" (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264740) |
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Date: October 31st, 2024 4:54 PM Author: infraphysics is hetero "self defense" (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264735) |
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Date: October 31st, 2024 4:56 PM Author: ...:.;.;...;.;;::; yep. just got called a moron and arrogant and stupid. I responded. My response is self defense.
You have to have some self-awareness in order to understand that. But your schizophrenia makes that hard for you. |
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Date: October 31st, 2024 4:57 PM Author: infraphysics is hetero wow spaceporn, a poaster called you a moron? What a horrible injustice. (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264755) |
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Date: October 31st, 2024 5:04 PM Author: ...:.;.;...;.;;::; thats for me to say (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264788) |
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Date: October 31st, 2024 4:55 PM Author: McDonald Trump (gunneratttt) i quoted a portion of the statute you moron. i wasn't predicting what a judge would write. however, i am fairly certain that they would cite the statute they are applying. god you're dumb. (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264744) |
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Date: October 31st, 2024 4:57 PM Author: ...:.;.;...;.;;::; i think i made myself clear. (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264754) |
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Date: October 31st, 2024 4:54 PM Author: infraphysics is hetero "self defense" (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264734) |
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Date: October 31st, 2024 4:55 PM Author: damnum daddy thanks for the new moniker, peanutballs (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264748) |
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Date: October 31st, 2024 4:58 PM Author: ...:.;.;...;.;;::; wife still making you wear condoms, zurich? (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264761) |
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Date: October 31st, 2024 4:59 PM Author: damnum daddy please don't tell anyone about that. (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264765) |
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Date: October 31st, 2024 5:00 PM Author: damnum daddy also, there was an incident involving the police last night. i would normally make a thread about it but i can't trust you so i won't poast about it. (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264771) |
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Date: October 31st, 2024 4:56 PM Author: bjork ITT: retards scuffling (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48264752) |
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Date: October 31st, 2024 7:59 PM Author: sph It doesn't matter whether you just picked the case up. The "bad faith" referred to in 28 USC 1446(c)(1) is the plaintiff's bad faith, not your bad faith. It also doesn't matter whether the state court has yet permitted an amended complaint with the ad damnum meeting the jurisdictional minimum. The ad damnum is not dispositive.
Here's where this is probably going. If plaintiff provided defendant medical bills exceeding $75k via discovery more than 30 days ago, defendant is fucked under 28 USC 1446(c)(3)(A), because discovery material showing that the real amount in controversy exceeds the jurisdictional threshold would start the 28 USC 1446(b)(3) 30 day clock.
If defendant asked for the medical bills in discovery and plaintiff dragged its feet, you have a bad faith problem and requesting leave to amend the complaint triggered the 28 USC 1446(b)(3) 30 day clock, which is why defendant's attorney isn't waiting for the state court.
If defendant never sought discovery of medical bills, it gets less clear. You're going to argue that defendant was on inquiry notice that the original ad damnum was less than (or at least became less than, more than 30 days ago) the amount in controversy, so they don't get a second bite at the apple under 28 USC 1446(b)(3). This is a bit of a needle to thread, though, because you need to steer clear of appearing in bad faith.
Note that the settlement value of the claim is not the right measure for the jurisdictional threshold. Think more what you get if you win. |
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Date: October 31st, 2024 8:10 PM Author: ...:.;.;...;.;;::; Yeah I know all that already and you are fixating on one thing. Is this Kenny? If so I don’t really take you seriously except as a nuisance. Sorry. (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48265458) |
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Date: October 31st, 2024 8:12 PM Author: sph What's the one thing I'm fixating on (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48265471) |
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Date: October 31st, 2024 8:13 PM Author: McDonald Trump (gunneratttt) lmao this guy answered your q comprehensively without a hint of insult and you're still mad. god damn.
*asks q*
*gets multiparagraph answer*
"Yeah I know all that already and you are fixating on one thing. Is this Kenny?"
god damn you're such an insufferable asshole. |
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Date: October 31st, 2024 8:14 PM Author: ...:.;.;...;.;;::; He couldn’t confine himself to the facts as outlined for one thing. Dragged in irrelevant issues. Bad student bad lawyer not a trial guy. Hey, like you! |
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Date: October 31st, 2024 8:17 PM Author: sph What irrelevant issues (http://www.autoadmit.com/thread.php?thread_id=5621958&forum_id=2#48265489) |
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Date: October 31st, 2024 8:19 PM Author: McDonald Trump (gunneratttt) what is irrelevant? he explained how things might shake out depending on different circumstances and provided examples to illustrate that.
and even if he did bring up irrelevant stuff, he tried to answer your question and didn't insult you, so even if his response was poor (it's not), that's no reason to lash out at him.
you're just lashing out because you think he's some poaster you've feuded with before. |