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Posted (edited)
15 minutes ago, Kennythetiger said:

I understand that, I was just pointing out that the petition filed is going to invoke a lot of emotion, as it’s a one-sided persuasive-writing piece, with usually very few facts or details. 

Actually, a petition should be filled with provable facts and details.  A civil plaintiff's principle advantage in litigation is to marshal its facts and legal theories long before filing the petition.  Sometimes that is harder to do than other times because of the availability of public facts, but you should do your damnedest.  Some attorneys, usually bad ones, don't bother with any of this.

That said, it is also going to be written or spun in the most positive way for the plaintiff.  Sometimes that's done a bit beyond what the facts will bear.

But, legal reporting is so bad, I would wait to actually read the petition before attempting to conclude anything.

 

Edited by TwiceHorn
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Posted
4 hours ago, Nicole44 said:

https://www.dailymail.co.uk/news/article-15278569/Camp-Mystic-lawsuits-neglect-floods.html
 

the lawsuit filed on behalf of dead campers/counselors included a lot of details I hadn’t heard of before now. 
 

rage inducing. 💯 preventable when it comes to the loss of life at Mystic. Rage inducing. 
 

“The lawsuit goes on to note that Dick Eastman and multiple campers' bodies were found the next day in a Chevrolet Tahoe that had been swept away. Counselors had claimed all of the occupants of the Bubble Inn were inside the vehicle.”

 

This isn’t new news (kids being evacuated in Tahoe). This was widely reported/known within the first few days/week.

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Posted
9 minutes ago, TwiceHorn said:

Both solid plaintiff's lawyers.  I've known Sean for a LONG time.  Good lawyer, good guy.  And Lanier is smart as HELL.  

The move towards putting a photo of the deceased in the Petition itself is a new trend, and a strong one.  It's powerful, even though the Petition isn't an "action" document that a jury will ever see - gives a flavor of how the case would look.

And seems there are several defendants where venue is proper in Travis County, so seems likely that the cases will stay in Travis County.

As defendants....other than defenses of "I didn't have anything to do with it, I just own shares of an entity" or similar defenses.....yeah, I don't know where and how you even begin to defend this case.  It's as bad as it gets for a negligence case.

Posted
Just now, Brisketexan said:

Both solid plaintiff's lawyers.  I've known Sean for a LONG time.  Good lawyer, good guy.  And Lanier is smart as HELL.  

The move towards putting a photo of the deceased in the Petition itself is a new trend, and a strong one.  It's powerful, even though the Petition isn't an "action" document that a jury will ever see - gives a flavor of how the case would look.

And seems there are several defendants where venue is proper in Travis County, so seems likely that the cases will stay in Travis County.

As defendants....other than defenses of "I didn't have anything to do with it, I just own shares of an entity" or similar defenses.....yeah, I don't know where and how you even begin to defend this case.  It's as bad as it gets for a negligence case.

Was gonna say thought Breen was a jebbie, but memory clouds.

Posted
3 minutes ago, TwiceHorn said:

Was gonna say thought Breen was a jebbie, but memory clouds.

I don't think so.  He did have one of the best "case cites" I've ever heard in an argument.  District Court here in TC, and it was a fight over whether a certain type of witness needed to be deposed or whatnot, and the other side had taken a similar position (and gotten favorable treatment on the matter from the judge).  Judge asked Sean if he had any authority for his position, and he said "well your honor, I'd cite the case of Goose vs. Gander."  He paused and grinned, judge smiled and nodded, and it won the day.  Pretty smooth move.

Was also working a multi-party case with him when the bonfire collapse happened; his brother was there, and was killed.  Was a solid example of professional courtesy as the other 9 lawyers on the case said "we're going to stay all activities and proceedings until Sean tells us he's ready to step back into the case."  And we did.  Just froze things for a couple of months, then Sean said "ok, I appreciate the courtesy, let's get going again."

Posted

Lanier is the best trial lawyer in the country. Yetter Coleman is one of the best boutique law firms in the country. Along with Breen, that’s about as good a group as you could get. 

Posted
3 minutes ago, Rudiger said:

Lanier is the best trial lawyer in the country. Yetter Coleman is one of the best boutique law firms in the country. Along with Breen, that’s about as good a group as you could get. 

Where'd Yetter Coleman show up?  Missed them on the sig blocks.

They've got some smart folks for sure, but had an appellate matter involving them where their approach was maybe too smart by half.  They missed the common-sense mark.  But that was more a "reading the room/bench" issue than it was a quality of work intel issue.  Agreed that it's an outstanding bunch over there.

Posted
3 minutes ago, Brisketexan said:

Where'd Yetter Coleman show up?  Missed them on the sig blocks.

They've got some smart folks for sure, but had an appellate matter involving them where their approach was maybe too smart by half.  They missed the common-sense mark.  But that was more a "reading the room/bench" issue than it was a quality of work intel issue.  Agreed that it's an outstanding bunch over there.

There is apparently a third suit, couldn't find it.

Mikal Watts is not too shabby last time I checked.

Posted
1 hour ago, TwiceHorn said:

I have never seen these "emergency instructions" and I had not known that the Camp was busy securing equipment and property instead of evacuating children. How did they find all that out before filing the lawsuit?

Posted
3 minutes ago, TwiceHorn said:

There is apparently a third suit, couldn't find it.

Mikal Watts is not too shabby last time I checked.

Watts is not shabby.

But goddamn, this case is a defense nightmare.

Shit, I represented a hospital back in the day (complex civil matters, NOT their medmal matters).  I remember having a drink with the CEO one evening, discussing the various legal goings on, and he related that they'd just settled a med mal case.  "It was a dead baby case.  Those are the absolute worst.  Doesn't matter what happened, what you did or didn't do....there's a dead baby.  You settle those cases.  Always."

Well, here....there's 27 dead little girls.  I don't know what outcome the plaintiffs want.  But whatever it is, they'll likely get something close to it.

Posted
9 minutes ago, Brisketexan said:

Watts is not shabby.

But goddamn, this case is a defense nightmare.

Shit, I represented a hospital back in the day (complex civil matters, NOT their medmal matters).  I remember having a drink with the CEO one evening, discussing the various legal goings on, and he related that they'd just settled a med mal case.  "It was a dead baby case.  Those are the absolute worst.  Doesn't matter what happened, what you did or didn't do....there's a dead baby.  You settle those cases.  Always."

Well, here....there's 27 dead little girls.  I don't know what outcome the plaintiffs want.  But whatever it is, they'll likely get something close to it.

I think they're going to say that it floods all the time but nothing as bad or as fast developing as this. I can't imagine anyone being sympathetic to that excuse, but it's probably the truth, that they didn't set out to imperil little girls. Much like a buzzed driver doesn't set out to kill an innocent pedestrian.

Posted
20 minutes ago, chainsaw said:

I have never seen these "emergency instructions" and I had not known that the Camp was busy securing equipment and property instead of evacuating children. How did they find all that out before filing the lawsuit?

Investigators, interviewing people.  One of those benefits of being the plaintiff, you can beat the bushes for facts before everyone is completely lawyered up and woodshedded.

Posted
33 minutes ago, Brisketexan said:

Where'd Yetter Coleman show up?  Missed them on the sig blocks.

They've got some smart folks for sure, but had an appellate matter involving them where their approach was maybe too smart by half.  They missed the common-sense mark.  But that was more a "reading the room/bench" issue than it was a quality of work intel issue.  Agreed that it's an outstanding bunch over there.

Yetter Coleman is counsel on their own petition for several families.

They might be too smart on some matters, but that’s why Lanier is such a good counterpart. 

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