Friday, January 22, 2010

Friday Open Thread

Happy Friday!

Early bird gets the topic ...

44 comments:

  1. Who flips first - Awand, Gage, someone else?

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  2. Gage is old and fearless. He believes he'll win again.

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  3. My bet is that IF anybody does, it will be Awand. However, I don't see that happening.

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  4. How about the Clark County Shore? Which judges would match the Jersey Shore characters?

    The Situation - Joe Sciscento
    Pauly D. - Bonaventure
    JWOWW - Miley
    Snookie - Michelle Leavitt

    Come on guys, this could be fun!

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  5. 9:44 AM - perfect. Miley can be the slutty girl.

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  6. Jersey Short= dumbest show in the history of television. Indicative of the dumbing down of our society.

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  7. Jersey Shore is everyone's guilty pleasure. It's like watching a train wreck, you just can't turn it off!

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  8. Uhh... not everybody's-I turn it off every time I see it come on. I agree, one of the dumbest shows ever.

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  9. Jersey Shore is fingernails on chalkboard

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  10. Agreed. Stupid, belligerent, slutty, trashy, MMA-type, jacked up truck, unbuttoned shiny shirt wearing, douche baggish, fake nails wearing, make-up caked, fake boobed, roid-raged, ass clown fingernails on a stinky New Jersey chalk board.

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  11. I find Jersey Shores to have nearly the same redeeming qualities as Fox News, or Glen Beck.

    Then again I hate the 24 hour news, and believe that the downfall of our society will not be in the hands of terrorists, politicans, or (gasp) PI attorneys. No, the downfall will be 24 hour news about nothing. Talking heads rambling on to simply hear themselves talk and make money for advertisers, because we the unsatiated public cannot be troubled to think for ourselves.

    Oh, and if someone would cold-cock Miley in a bar, like happened on JS, then I'd pay to see that.

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  12. Speaking of shit on TV i don't like, I am joining this group today. I can't stand sports. I know a lot of people love the stuff, and I am cool with that, but I will say an extra hail mary every night for the rest of my life if I am spared ever having to watch or attend a sports event again.

    Barf.

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  13. Anyone who does not like Jersey Shore is fucking nuts. 11:02 described every reason which makes the show so good. Who the fuck wants to go home and see you normal average douchebag, i work with enough of those people. When i go home i want to watch drunk sluts and fights. Thats entertainment. And since im not invited to the Miley's, its Jersey Shore for me!

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  14. If you watch and enjoy trailer trash, you are trailer trash.

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  15. Well if I'm trailer trash for liking Jersey Shore, than so be it, because there wasn't a more entertaining thing on TV last Thursday than Jersey Shore. And those kids aren't trailer trash. They're spoiled little brats. Probably a good representation of what half your kids are like or will be like in a few years. Yeah I know all the people on here hating on Jersey Shore got their own little Snookie getting ready to go off to college!

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  16. 12:11, 12:51 and 1:28-

    Hilarious. Especially 1:28. I completely agree with these posts.

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  17. Nobody will "flip," because there was no deal. Thalgott testified that he continually asked Awand if he and Kabins were going to be sued, and that Awand continued to tell him, "I have no idea." That is the government's star witness. Make that the only witness. The Judge just dismissed the "new" third superceding indictment theory that Burkhead is a victim, because it was a claim that was not made within the 5 year statute of limitations. So, why would Awand flip. He has one of the best attorneys in the country. Harland Braun is incredible with a big track record. He gets no jail time on those silly misdemeanors. And in all likelihood, this Judge is going to acquit him under rule 29, he has suggested that to Scheiss over and over again.

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  18. 1:28 PM - don't be so judgmental. Peace is grounded on acceptance of differences. Here, read this book to set yourself on the path to successful relationships with all around you.

    Have a great weekend.

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  19. So I am just wondering about something.... When the federal court of appeals reviews a diversity decision of a federal district court, who is that decision binding on? Is it binding on the federal district and merely persuasive on the state court?

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  20. @ 2:33 Why does it matter? The state court is going to have concurrent jurisdiction if the only basis for bringing it in federal court is diversity jurisdiction.

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  21. Okay, okay, I give up. I would much rather talk about jersey shore than diversity jurisdiction.

    -9:51

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  22. Can you even appeal a decision on a motion to remand?

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  23. I agree with 1:43 PM. Unless there's another indictment out there that hasn't yet been unsealed, there is no reason for Awand or Gage to flip. The upcoming trial will end up a jury aquittal or a Rule 29. At the very worst, they'll hang again and Quackenbush will then dismiss, again.

    It's ironic that out of the entire Medical Mafia (and even the players admit there was one) investigation, the only convicted felon will end up being Kabins. The big targets all kept quiet and were never even indicted. To Monday-morning-quarterback; the US Attorney really picked the wrong case to try and take down the Awand group. Melody Simon got a raw deal, but hundreds of others were harmed far worse than she was - physically and financially. Had the FBI and US Attorney done their jobs properly, there were convictions to be had. Not now. Even Big V keeps his mouth shut these days. Back in the day, he would have hung himself.

    Isn't it great to be a lawyer in Las Vegas? Other than blatantly steal from your trust account or steadfastly refuse to pay taxes, you can get away with almost anything here. I hope the pussies at the State Bar realize what a complete joke they are.

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  24. I like this blog. I do. I read it regularly. But seriously, LE, JL, Elle, et. al., the holidays are over. I realize this isn't your daily job and all, but a single post a week, and then turning it over to the readers to amuse themselves?

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  25. 3:26 PM - Uh, you mean the State Bar that once hosted Nancy Allf as its President. Yes, you can be sure they get the joke.

    Let me end on a positive note. The Nevada Bar is better than some others out there. In some states, our Bar would appear to be a vast improvement.

    What we really need is a reporter regularly walking the Court beat. Not some shriveled hag columnist who can't even get into a bar on the strip, like Jane Ass Morrison. I mean a real reporter. Someone with no hobbies, no girlfriend, no pets, nothing in his fridge but a tub of sauerkraut that expired last year and an apartment on Fremont street stuffed with legal periodicals and pictures of all the judges and their staff on sprawled across the wall. A real old-school reporter. Someone who lives to explore, understand and report.

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  26. 3:26, you say that there were "100's" of cases where the feds could have pursued the big boys, like Big V. Please help us out, give us the name of just one case where Big V committed a federal crime, just one. Be very specific here, no generalities. I'm not looking for, "He makes a lot of $$, so he must be dishonest." He has crushed me a couple of times in court. Juries seem to love him, and nobody, and I mean nobody, knows the medicine, and can explain it to the jury better than him. But, it sounds lie you could help out the defense bar a little. I have always agreed with my colleagues, that it would benefit my insurance clients to put Big V away in Sing Sing. He makes my experts look like liars in court. So, help us out. Give us a concrete example of a case where he committed a federal crime.

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  27. I'm with 9:12. I would like concrete examples. Like him or hate him (and most people DO hate him, even his professed friends), there is no denying his skills as a trial attorney. And just to preempt those who will say that his verdicts are all due to shady business and rigged experts, he has also had some pretty damn large veridcts outside of the state of Nevada, I believe.

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  28. You are right, 10:37, he has some stunning verdicts in other states. For example, I have a good friend who is one of the premier defense lawyers in Phoenix. Vannah had a motorcycle vs garbage truck case in Florence, Arizona, which is one of the most conservative jurisdictions in the country. My friend tried the case against Vannah. AIG offered $250,000. After a three week trial, Vannah asked for $7 million, and the jury gave him $8 million. My friend said that the jury would not leave until he personally came downstairs, and the women on the jury each wanted a big hug. He was in the Arizona Bar magazine with the biggest verdict in Arizona. The Judge started off with a big bias against him, but by the end of the trial had become a real fan. I'm just curious as to why people hate him? I know that he is very free in giving advice to young attorneys. Didn't he just get an $8 million verdict from Judge Bixler in July of last year? I've never seen him in trial. What is it he does that seems to work?

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  29. I have been against him at trial. What he does, unfortunately, is absolutely destroy your expert. I had 2 experts from San Diego, and it was a low back case. Dr. Appel testified on direct that the surgery, which had not yet occurred, was not required, nor caused by the accident. On cross exam, Vannah forced him to admit that the surgery was likely to be needed, based upon the discography and MRI's. Then he got the Dr. to admit that the accident caused the need for the surgery. My carrier only had a $100,000 policy, failed to pay it, and ended up paying $3,500,000. I have heard that he destroyed Serfustini in a case called Aguilar with Phil Emerson, and collected over $11 million from Allstate on a $100,000 policy. That case was upheld by the Nevada Supreme Court last year. So, what do we do about the guy? It's hard to deny his talent, but this is getting ridiculous.

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  30. 12:08 PM - your comment helps explain why Vannah and Eglet and Gage are really targeted: they impact the insurance industry's bottom line! To paraphrase David Stockman: Tort Reform (and imprisoning good plaintiffs attorneys) means one more Benz to a insurance exec.

    Anyone else thinking of the movie (or book) "Tucker" at this point?

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  31. ironically for all his glory word on the street is that he's very cheap w his employees. No paid holidays. No days off for " minor" holidays like mlk. 2010 and it's the same old story. The rich get rich and the poor have babies

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  32. 11:48 PM - yes, he's very cheap but has no problem attracting loyal employees. Why's that?

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  33. The fact is Vannah is an excellent attorney and people are jealous of him. When people become envious and jealous they will say and do anything in hopes the person will fail. To date Vannah has never been charged with a crime or received any discipline from the State Bar, so stop crying like little babies and give respect where it is due.

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  34. Trial skills notwithstanding, Vannah is a miserable human being.

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  35. Let a real prosecutor have a cut at the Medical Mafia and they'd be rolled up in no time. i.e. Patrick Fitzgerald in Chicago.

    If you manufacture the facts you should always win. Weak state court judges allowing the same cast of characters to present the same manufactured facts over and over - shouldn't be too hard to win.

    If Vannah, et al. are so good why were they sharing with Howie and the doctors?

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  36. @11:11:

    If Vannah's success is all due to the local judges letting him manufacture the facts, how do you explain his out of state verdicts? Are you seriously contending he is not a skilled trial lawyer?

    BTW: Defense attorneys were using "Howie" for years-does this mean they were no good?

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  37. I still have not heard anybody respond as to why you think he is a miserable human being. Something he did to you? He seems like a really nice guy, but I don't have the experience that obviously you have. I'm serious what precisely has he done that causes you to reach that conclusion?

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  38. It gets better than that. Howie was the go to guy for Allstate, Prudential, Hartford, etc, etc. Even better, the cast of doctors you refer to were all IME doctors for those same insurance companies, and some still are. I'm really having a hard time seeing what you are complaining about? Can you elaborate? Aren't all spine surgeries fairly routine in diagnosis and treatment? Am I missing something, or are you drinking the insurance company water?

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  39. Once Awand discovered the way to optimize the outcome was to engineer the underlying facts & inflate the treatment, then they were off to the races. A river rafting trip and a few parties at Big Bear later and the conspiracy was in full bloom and any remaining defense work, if any, was meant to cover the allegations of bias.

    Incomptent prosecutors are as much to blame as justice being denied as anything. Just don't deny the obvious - the otherwise neutral parties (treating docs) had an economic stake in the outcome; if the treating docs aren't wearing the same uniform as plaintiff's counsel how is the jury supposed to know they're all on the same side?

    Regarding the medical evaluations -the number of the standard treatments prescribed by the Medical side of the mafia (indwelling pumps, etc.) were statistically off the charts when compare to the rest of the country.

    When you suggest these evaluations were "fairly routine" - do you mean by honest, ethical medical providers or members of a conspiracy?

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  40. How's this for miserable - heeping verbal abuse on opposing counsel's secretary on a regular basis. If you've got a beef, be a man and take it up with opposing counsel, don't bully his secretary.

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  41. I happen to like the guy-he has been nothing but kind to me ever since I have met him. However, I can see how some people may not like him. He admittedly has an ego the size of our national deficit, and sometime that equates to some belligerence.

    However, is there really a dearth of narcissistic jerks in our profession? People act like Vannah is an enigma in the law profession.

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  42. Vannah smiling to insurance defense lawyer during break in trial, "I'm an asshole, but it works for me."

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