How to get your claims past summary judgment
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- čas přidán 9. 09. 2024
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This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to Federal law as construed within the EEOC or the laws of New York State and should not be relied upon in any way in any other jurisdiction.
Thank you Vincent. I have learned a lot watching your videos as you help so many including me for FREE…. With the whole legal process.
Last month I went through the deposition process. My attorney thought I did well during my deposition. My former employer did want to settle the case but they wanted my deposition. After the deposition they wanted to mediate and settle the case. My case is resolved! 🙌🏾🙌🏾👏🏾👏🏾
We was prepared for summary judgment. The judge we had base off the history do not allow a lot of cases go to court. I was little fearful if this went to summary judgment and this judge dismisses a lot of cases. I needed to know how to survive. I didn’t want to chance it so I settled and got what more than what I wanted 😂😂😂
you were on a roll today! "a lot of people never win" 😂
How refreshing! What a great sense of humor you've got!🤗
Oh! Thank you!
Oooooooooooooh this going to be a good one..I am literally at this part in my EEOC case right now and I am about to have a field day with proof and rebuttals
sammme did my rebuttal recently with a crap tone of proof it's been crickets for months ever since LOL they don't have a leg to stand on. Good luck with your case
@@Momiji540 if they have a lawyer then write a letter to the State Bar and request to have the defendant attorney on immediate Removal from your case and request to have him/her Barred because that is illegal to not respond to a case in months with a lawyer, they are indeed violating Professional Misconduct..I don’t know why your lawyer did not tell you that either this is why I don’t use them, your lawyer has no reason to wait around for months my friend, specially knowing all lawyers has court rules and legal responding time by law..mention any of these facts to your lawyer and watch him/her freeze up in shock and your case will finally be answered..Btw I’m not an attorney nor passed the bar I just look for all the things people don’t think of researching and legally find them online from home..feel free to research info to see for yourself
@@musichistory5463 good news just heard back from my states human rights commission, they’re asking for my proof to complete the investigation, which is what they lied about in the position statement, should only be good news from here , good luck to you again I hope you get em 🥊🥊
@@Momiji540 same to you brotha 💪🏾
Thanks vince like always happy new year to you and your family God bless you from Canada I have a examination with a defense lawyer, on 2 different dates and just want to get your opinion is why suddenly this meeting is scheduled thanks
I am not familiar with the legal system in Canada, my apologies.
Thanks vince from Toronto Canada
Vince is making a fortune from this channel. This will allow him to purchase a mega-yacht in Florida.
🛥
What happens after you survive summary judgement. Do emplyersvtypical settle after this stage
Hope to see how well Samantha will handle my case! 👍
So do you have to defend each claim in a summary judgment rebuttal or just the most egregious, or the one's the defense brings up in their motion?
I thought you were gonna be my attorney 😭 boss man! How good is Samantha, Vince ?
My son , I would prefer he be a MD or PharmD as his sister but JD seems to be more suited for him. My question is, what would be the best ( quality of life/earnings ) type of lawyer to be? Please Just dont say auto injuries.
Can you explain a cross motion of summary judgment. He wins? What if you raise a dispute in the opposing MSJ, can it be denied. Any information on cross motions?
Thanks for this information i have learning disability and got it real fast summary judgement (1) obertration (2) trial if i lose the summary judgement i doesn't mean i can't take it too trial files a affidavit to say why my case is believable when i was sexually fiscally abused in foster abused homes
Hilarious analogy!
Can the judge rule on certain claims and recommend a jury trial for others????
Only if the claims he rules on are undisputed by the other side (rare).
What about when your coworkers lie and you paper trailed them and they deny it all ?
If your legal team is taking forever to request the right to sue letter, is it okay to submit intake form (request letter) yourself? Would your legal team be upset about it? (the form does allow you to include your attorney contact information)
Every firm is different, but I think most firms may not be thrilled if you do that.
When do you present your evidence? Like emails, documents, etc. Or what stage of the lawsuit you present the evidence and witness?
Depends on where your case is. If you are in the EEOC, often evidence will be attached as exhibits to the initial charge of discrimination, to your rebuttal or presented at a fact finding conference. If you are in litigation, generally evidence will be presented during discovery.
@@JobAttorneyI heard one attorney say you should attach all your evidence in your initial complaint. Then I heard you shouldn't give hr all your evidence because all they will do is develop a strategy to rebut it. What have you seen?
Could you do a perspective/ analysis from an experienced employment attorney’s perspective of a recent popular case? In Jennifer Harris v fedex she won the largest award at trial and thus recently made history. BUT my question has nothing to do with the money but rather the process. She won at trial in Texas- a conservative southern state with some not so progressive legislation but anyway . . I don’t understand how it happened.
So for her to win at a trial does that mean that the EEOC wasn’t interested in pursuing her case, did they not see anything during their investigation?
For her to get before a Texas jury does that mean that the company wasn’t offering to settle or that she (the plaintiff) wasn’t satisfied with an offered settlement?
Was the EEOC unable to mediate the situation?
What had to happen at the EEOC stages (ex: filing, receipt of claim(s), EEOC investigation of claim(s), mediation/ arbitration, etc) for the situation to ultimately get to trial? My underlying curiosity is if the EEOC didn’t see anything worth pursuing during an investigation and simply issued a “right to sue”?
I love your channel and have been a long time watcher and being an employee I’m happy for Harris in the situation but I’m wondering if going to trial seems to be the step employment attorneys don’t want to take (due to many possible variables/ risk of losing) than what happened in her case? I hope you understand the confusion I’m trying to express lol. Would you be willing to give a lawyer’s opinion on the likely process that led to trial?
I know you’re an employment attorney but do you have any insight on retaliation of a child from a school for a parent being a “whistleblower”? Any help is appreciated
Vince also - why would a company go from only wanting to pay nuisance value to paying a large/sizable amount in the end?
Thousands of possible reasons but the most likely is that their view of the case and the risks it presents them changed.
@JobAttorney what if they try to use your informal basis first then added more in your formal complaint is it possible they can do that
Hey Vince - do companies usually fire the bad guy after the case is over? I was fired but my boss still has her job.
We have videos on this I believe