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Atticus Grinch 12-14-2009 12:06 AM

Re: It was the wrong thread
 
Quote:

Originally Posted by Hank Chinaski (Post 410537)
a "friend" is fairly sure that his wife had children with another man and he is saddled with the expense of raising them cuz she claims they're his. This other guy is apparently a very well-paid lawyer. the kids are in private college and the tuition is really strapping my "friend." the real dad is considering buying a ferrari. NWTF? what lawsuit should my friend bring?

unrelated question- can I sue a John Doe and compel an anon webpage to give me a sock's real name?

I don't practice family law, so my advice is worth the usual $0, but in California children born during the course of a valid marriage are irrebuttably presumed to be children of that marriage. As in DNA evidence establishing beyond a shadow of a scientific doubt that they are children of another man is -- wait for it -- irrelevant and inadmissible to disprove the husband's paternity.

This is one of those rules (like the rule against character evidence) that seems harsh, irrational, and otherwise totally fucked up, until you think about it, and realize it probably should be that way everywhere, and probably will be eventually if it isn't already.

Hank Chinaski 12-14-2009 12:08 AM

Re: It was the wrong thread
 
Quote:

Originally Posted by Atticus Grinch (Post 410538)
I don't practice family law, so my advice is worth the usual $0, but in California children born during the course of a valid marriage are irrebuttably presumed to be children of that marriage. As in DNA evidence establishing beyond a shadow of a scientific doubt that they are children of another man is -- wait for it -- irrelevant and inadmissible to disprove the husband's paternity.

This is one of those rules (like the rule against character evidence) that seems harsh, irrational, and otherwise totally fucked up, until you think about it, and realize it probably should be that way everywhere, and probably will be eventually if it isn't already.

does "valid marriage" require consummation?

PresentTense Pirate Penske 12-14-2009 12:16 AM

Re: It was the wrong thread
 
Quote:

Originally Posted by Hank Chinaski (Post 410537)
a "friend" is fairly sure that his wife had children with another man and he is saddled with the expense of raising them cuz she claims they're his. This other guy is apparently a very well-paid lawyer. the kids are in private college and the tuition is really strapping my "friend." the real dad is considering buying a ferrari. NWTF? what lawsuit should my friend bring?

unrelated question- can I sue a John Doe and compel an anon webpage to give me a sock's real name?

nwtf!!??!?!?:eek::confused::o

Mmmm, Burger (C.J.) 12-14-2009 09:12 AM

Re: It was the wrong thread
 
Quote:

Originally Posted by Hank Chinaski (Post 410539)
does "valid marriage" require consummation?

So annul the marriage first to escape the presumption? 20 years later?

Have him read this article and consider whether he wants to bother.

http://www.nytimes.com/2009/11/22/ma...1&ref=magazine

PresentTense Pirate Penske 12-28-2009 03:00 PM

Re: It was the wrong thread
 
Douche of the decade

To all of the lawyers out there,

Can Tucker Max [sniff] sue for being denied a title that might rightfully be his?

taxwonk 01-04-2010 05:06 PM

Have the rumors of their death been greatly exaggerated?
 
Locke Lord Bissell & Liddell. Has anyone heard anything?

PresentTense Pirate Penske 01-04-2010 06:39 PM

Re: Have the rumors of their death been greatly exaggerated?
 
Quote:

Originally Posted by taxwonk (Post 412017)
Locke Lord Bissell & Liddell. Has anyone heard anything?

Sounds like a hell hole. what tier are they?

taxwonk 01-04-2010 10:22 PM

Re: Have the rumors of their death been greatly exaggerated?
 
Quote:

Originally Posted by PresentTense Pirate Penske (Post 412036)
Sounds like a hell hole. what tier are they?

Large enough to hit my radar, small enough to not make thefront page of the Wall Street Journal. Beyond that, who knows? Who cares?

sebastian_dangerfield 01-05-2010 12:23 PM

Re: Have the rumors of their death been greatly exaggerated?
 
Quote:

Originally Posted by taxwonk (Post 412017)
Locke Lord Bissell & Liddell. Has anyone heard anything?

Worked with them on a case a few years back. My only recollection was they seemed primarily, if not entirely and pathologically, interested in checking every imaginable box. But that could be more a comment on the partner than the firm. Having to sit through meetings with that guy and some ego from a bigger NY firm masturbating strategy (we all had shared interests in case) at same time made me want to find a way to open a conference room window and throw both into the street, from 40 stories or so.

Tyrone Slothrop 01-05-2010 12:25 PM

Re: Have the rumors of their death been greatly exaggerated?
 
Quote:

Originally Posted by sebastian_dangerfield (Post 412069)
Worked with them on a case a few years back. ... Having to sit through meetings with that guy and some ego from a bigger NY firm masturbating strategy (we all had shared interests in case) at same time made me want to find a way to open a conference room window and throw both into the street, from 40 stories or so.

In other words, they were like just about every other lawyer you've ever dealt with?

LessinSF 01-05-2010 01:33 PM

Re: Have the rumors of their death been greatly exaggerated?
 
Quote:

Originally Posted by sebastian_dangerfield (Post 412069)
Worked with them on a case a few years back. My only recollection was they seemed primarily, if not entirely and pathologically, interested in checking every imaginable box. But that could be more a comment on the partner than the firm. Having to sit through meetings with that guy and some ego from a bigger NY firm masturbating strategy (we all had shared interests in case) at same time made me want to find a way to open a conference room window and throw both into the street, from 40 stories or so.

They are a Texas firm I worked with once. The mutual client had problems with them and kicked them off the matter. They made deep layoffs several months ago, but I haven't heard anything since.

notcasesensitive 01-05-2010 02:45 PM

Re: Have the rumors of their death been greatly exaggerated?
 
Quote:

Originally Posted by LessinSF (Post 412073)
They are a Texas firm I worked with once. The mutual client had problems with them and kicked them off the matter. They made deep layoffs several months ago, but I haven't heard anything since.

Locke Liddell was a second tier Texas firm. They merged with a smaller (I think) less recognized firm -- Lord Bissell -- a few years ago. I've had deals with both firms as opposing counsel. Nothing about them really stands out to me (though the Dallas office of Locke Liddell used to be rumored to be a terrible place to work).

Greedy,Greedy,Greedy 01-05-2010 03:23 PM

Re: Have the rumors of their death been greatly exaggerated?
 
Quote:

Originally Posted by notcasesensitive (Post 412082)
Locke Liddell was a second tier Texas firm. They merged with a smaller (I think) less recognized firm -- Lord Bissell -- a few years ago. I've had deals with both firms as opposing counsel. Nothing about them really stands out to me (though the Dallas office of Locke Liddell used to be rumored to be a terrible place to work).

Lord Bissell was at the top of the game for what they did in Chicago (Insurance/Reinsurance), but otherwise second tier at best. Back before I went to law school I was a brownnoser for the development office of a law school in Chicago and, true to form, there was considerable support from many at that second tier Chicago firm for our second tier Chicago school. But they were all gross scroungers for recognition.

While I have not heard about an impending demise, it would surprise me. Who would these people have to fight with if they broke up?

sebastian_dangerfield 01-05-2010 03:53 PM

Re: Have the rumors of their death been greatly exaggerated?
 
Quote:

Originally Posted by LessinSF (Post 412073)
They are a Texas firm I worked with once. The mutual client had problems with them and kicked them off the matter. They made deep layoffs several months ago, but I haven't heard anything since.

Why is Reinsurance a specialty apart from Insurance in some firms? Does the guy who can read policies AND treaties get a special medallion or something?

Cletus Miller 01-05-2010 03:56 PM

Re: Have the rumors of their death been greatly exaggerated?
 
Quote:

Originally Posted by sebastian_dangerfield (Post 412097)
Why is Reinsurance a specialty apart from Insurance in some firms? Does the guy who can read policies AND treaties get a special medallion or something?

Different billing rates, no?


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