Saturday, March 28, 2020

This is not Going to End Well

Some lawyers just can't help themselves, even during a time of pandemic.







Sunshine sent these rats scurrying as they did what lawyers do: blame someone else:


Only because they got caught. If any Mississippi lawyers make such an advertisement, feel free to email this site at kingfish1935@gmail.com.




36 comments:

Micah Gober said...

Lawyers are sleazeball! There are a few good ones, but most of them are self centered slimy sleazeball crooks.

Anonymous said...

I don't really have an opinion about the ad, but, tell me...what's wrong with it?

Anonymous said...

I agree and I am a retired lawyer, hopefully one of the good ones. Advertising ruined the profession

Anonymous said...

As for reckless employers that failed to heed the medical advice and continued to needlessly put their employees in harms way, or failed to take adequate risk mitigation, I think they’ll find themselves on the wrong side of wrongful death lawsuits. I agree lawyers can be sleazy, but in a regulation free zone like Mississippi, Tort is the only avenue to disincentivize and punish some behaviors.

Kingfish said...

Friend of mine has sickle cell and had surgery a few months ago. Needless to say, she would be a prime candidate to get really sick from this bug.

Her employer was still running his bar wide open, said the government was stupid. She expressed her concerns about working in such an environment right now. He fired her. He fired a bartender last week for the same reason.

TheClintonscantsuicideusall said...

Been waiting for court cases to raise their ugly little heads.

Anonymous said...

It's shit like this that makes are healthcare so expensive. Even before a problem has happened you have scumbag attorneys trying to make a dollar off a pandemic.

I am sure mistakes will be made. But they will be made by overworked medical professionals who are on the front line while some A hole attorney sits behind a computer monitor trying to find fault.

Or Get Off The Pot.. said...

Still waiting for somebody to tell me what's wrong, legally or ethically with the ad? Don't tell me lawyers are sleaze balls and you don't like lawyer ads and ads ruined the profession. Those are simply opinion. The lead headline and story indicated the ads would wind somebody up in trouble. How so?

Anonymous said...

Because of this ad, they have changed their name to distance themselves.

Their new name is Dewey, Cheatem & Howe.

Anonymous said...

One thing wrong with the ad is that no one proof read it. He is missing a few words here and there.
Oh well.

Anonymous said...

“ Her employer was still running his bar wide open, said the government was stupid. She expressed her concerns about working in such an environment right now. He fired her. He fired a bartender last week for the same reason.”

How is that illegal?

Anonymous said...

One of the first things a politician does when he/she goes into politics is sell their soul to the devil. The one who delivers the contract for eternal damnation to hell is a lawyer.

S'all Good Man said...

The only difference between lawyers like these and a bucket of manure is the bucket.

Anonymous said...

How is firing a person with sickle cell anemia and is post surgical illegal? ADA. If she has disclosed her condition to him, previously, or self disclosed at the time, he's toast for terminating her for asking for a reasonable accommodation or to clarify an HR policy question, especially since there is CDC and DOL guidance on this.

The other bartender is probably SOL on ADA, but, he should file suit anyway. Because the bar owner thinks GubMint is stupid, but, he is.

Anonymous said...

"Granny's Sunday dinner caused you to gain weight? Call 1-800-scuzass and we will sue the Bieach. No fee unless we collect. If you can't come to us, we'll come to you."

Anonymous said...

@5:26 - good luck proving causation, especially with a virus that is literally everywhere.

Anonymous said...

" Advertising ruined the profession "

That's an understatement.


One call !
That's all !!

Anonymous said...

Everything is wrong with the ad. What’s good about it?

Anonymous said...

King - OSHA law protects an employee for being fired for refusing to work a hazardous job. Sounds like your friend has a case.

Anonymous said...

"Better Call Saul" comes to mind.

Anonymous said...

Many doctors are as unscrupulous as attorneys. And the only significant scrutiny on their work is litigation.

Anonymous said...

As a recently retired physician who is planning to get the serum antibody test when available to be of some use if needed this is a concern. I would be hesitant because of liability exposure.

Anonymous said...

12:32- In a civil case all you have to show is that it’s more likely than not that the employee contracted the virus at work. If multiple people in the same workplace get it, and their only shared connection is the workplace, then I think you’re a long way down the road to proving proximate cause. Also, using the state health department’s contact tracing records, lawyers will be able to show connections between cases, and if that connection is a business, then you’ve got a case. I AmJured my Torts class. Try again.

But how about this? Just flipping do the right thing!

Anonymous said...

@1:43am Uh, no. If you're state doesn't participate in the federal OSHA program, which Mississippi doesn't....you have no recourse under OSHA. None.

Anonymous said...

to 5:43pm..............i do realize that most of the water heads on this site are unable to comprehend history past last wednesday, but force yourself to think back to about 2002, 2003, when the legislature passed sweeping tort reform legislation , much of which benefitted the medical profession.
the trade off was supposed to be lower insurance rates for everyone.
tell me all you keyboard cowboys........how much have your insurance rates declined since about 2002???
waiting patiently for your answer.

Anonymous said...

"I agree and I am a retired lawyer, hopefully one of the good ones. Advertising ruined the profession"

I was a legal secretary when talk began of attorneys being able to advertise. One of the attorneys said it was one of the worst ideas ever. The firm was very much against it.

Anonymous said...

9:49 - Let me help you understand why you're wrong.

Here's a quote from your post: "How is firing a person with sickle cell anemia and is post surgical illegal? ADA. If she has disclosed her condition to him, previously, or self disclosed at the time, he's toast for terminating her for asking for a reasonable accommodation or to clarify an HR policy question, especially since there is CDC and DOL guidance on this."

Although Kingfish is unclear, it's my assumption that he offered to return her to the job following her medical leave of absence (for surgery, but that's irrelevant). Either returning her to work or telling her she is expected to return to work following an approved medical leave of absence gives him a pass as far as FMLA is concerned and one can assume she took advantage of that right.

There's nothing in the earlier post to indicate she 'asked for a reasonable accommodation', which only comes into play involving ADA, not FMLA. In fact, what she did was indicate to him that she wasn't sure she could perform the duties of her job in the work environment. In fact, if she told him she just saw no way she could continue there as a bartender, her usual occupation, she de facto self-terminated. If she can't work in the environment, there is no reasonable accommodation, yet she still asked for none, as far as we know.

She didn't ask for accommodation or for any policy clarification and no discussion was had regarding CDC or DOL, so you're grasping at non-existent straws. An employer is under no obligation to research (or be aware of CDC, DOL or other discussions of sickle cell anemia) information in the absence of a request for accommodation - and then he would only be obligated to review back-up documentation. from her physician, regarding and supporting such a request from the employee.

You probably also know that if the employer was not aware of any disability, but assumed there to be one, then the employee is just as covered by ADA as if she did or does have one. That's why employers should never make such assumptions, much less document them.

There are several situations during which it would arguably (after investigation and perhaps court) be illegal to terminate an employee with a disability, but none of them address your wild assumptions or anything in the earlier post by Kingfish.

Anonymous said...

Additionally, it is NOT illegal for the employer, or anybody else, to 'think the gubment is stupid', especially in light of the fact that at the time of her termination he was not disobeying a mandate to close his business. If he can prove she was terminated because of her disability in light of being to perform the job with or without reasonable accommodation, she might have a case. Her assumption, that of Kingfish, or you, is insufficient and irrelevant.

Anonymous said...

8:33 - WHAT THE HELL ARE YOU TALKING ABOUT. OSHA is federal law that applies to all states. OSHA is not optional. My God where did you get such a notion?

Anonymous said...

One would think that nursing homes are the easiest targets for plaintiffs' attorneys, and perhaps rightfully so. I have the utmost respect for the doctors and other medical personnel who are literally putting their lives on the line to care for Covid-19 patients. I pray that they stay healthy and stay the course to get us through this pandemic.

Anonymous said...

With her health conditions, she was not able to work in that environment, if they agreed she was fired, she would qualify for additional benefits from the government. She will be unable to claim harm since she will receive more money. I bet there is a little more to this story.

Anonymous said...

Excellent lawyers don't have to advertise.
Advertising not only ruined the profession as competent lawyers feared back when it was approved, it has cost us a fortune in misinformation about what the law is and isn't. Most of these " cases" are going nowhere for the plaintiffs, just the plaintiffs lawyers.
A competent lawyer will seldom tell you that filing suit is your best course for recovery and can negotiate more money for you if the facts are on your side.
If the case is " class action", you'll not be " made whole" but will get a pittance and the " defender" gets off the hook from having to pay everybody according to their damage.
Again, a once honorable profession turned into a business...doctors should learn from that.

Anonymous said...

11:41 - The firm of Morgan and Morgan handles more cases than any firm in the nation and is worth a billion bucks. That pretty much blows the shit out of your first line.

Anonymous said...

To 9:32 AM. I am a physician. Since tort reform passed, my malpractice insurance premiums have gone down approximately $43000 annually to less than $15000. I’ve had one lawsuit filed against me in over 40 years. So from my perspective, tort reform was a godsend.

Anonymous said...

Civil liability is one thing

News outlets which intentionally mislead their audience into thinking this was simply the flu and was a hoax need to hire criminal lawyers as well as civil attorneys.

Many a jury trial will be had for those who perpetuated a myth and caused pain suffering and death.

Write it down.

Anonymous said...

Mississippi tort reform largely protects the healthcare industry

https://www.mcandl.com/mississippi.html

Jackpot law suits just don't have the big pay offs they once did

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