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Invisibletak
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Lawsuit question
    #8011696 - 02/12/08 01:18 AM (15 years, 11 months ago)

We are coming close to the deadline to file a lawsuit federally, and were wondering about state.

Our lawyer tells us that filing federally will be more of a challenge, and evidence would be looked at much harder...but the possible gains are much higher.

While state can only yeild a cap of $75,000, we are curious if this can be in conjunction with reinstating my mothers life insurance policy of $500,000? Or is that considered the same as monetary payment and limited to the same $75k?

The reason I am asking here is a small hope that someone knows. I want to make sure the lawyer isnt scared of only getting $75k with us possibly getting the insurance back and not having to give him a % of it.

I dont know. I hope some of this makes sense.


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Invisiblejohnm214
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Re: Lawsuit question [Re: tak]
    #8014044 - 02/12/08 05:19 PM (15 years, 11 months ago)

If you want some opinions, provide some information about the cause of action, and what law (generally) is capping you at 75k if the policy is .5M.

Generally state law controls on contracts, as their really isn't any federal common law, so even in a federal court, the controlling law of whatever state will be the primary focus. So even if you sue under a federal cause of action, you'll have state law elements generally applied to determine things about the contract.


And this may be a moot discussion, as generally if you have a choice of whether to bring an action in state or federal (as a plaintiff) the defendants can remove it to the federal court anyways. Big companies tend to do this out of the belief that federal courts are less beholden to the perceptions of the people, and are generally more conservative.

As I'm sure you guessed, I'm not an attorney and have no training, so don't relly on anything I say. I just kinda have a casual interest in the law.

But add some more details if you want people to comment.

Since you're talking about such high numbers, I presume your mother died and they decided she wasn't covered when a claim was made, or revoked her policy before death?

Sorry bout your mom, if this is what happened.


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Invisibletak
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Re: Lawsuit question [Re: johnm214]
    #8016318 - 02/13/08 03:32 AM (15 years, 11 months ago)

She was working for the company for 7 years, and then was diagnosed with stage 4 lung cancer and went on short term disability for a year until her long term disability kicked in . She returned to work after her chemo because she thought it would be a good part of the healing process, and worked for 2 months.

The company handed out forums to all salaried personel giving them the options to elect more life insurance because the company was changing insurance providers, and the same day, they fired her for incompetence.

This all happen about a month before she would have been put on long term disability, and retired.

She has a $500,000 group life insurance policy at the time that was taken away from her only a couple months before she died by them firing her.

It is a right to work, or no contract state/employer so some people seem to think there isn't much you can do, while others think that her previous work experience, and circumstances prove beyond a doubt that they did this to deliborately screw her.


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Offlinezappaisgod
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Re: Lawsuit question [Re: tak]
    #8017414 - 02/13/08 12:34 PM (15 years, 11 months ago)

Sounds like a good, strong case that has zero business in federal court.


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Invisiblejohnm214
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Re: Lawsuit question [Re: tak]
    #8017449 - 02/13/08 12:42 PM (15 years, 11 months ago)

Quote:

root-ninja-tak said:
She was working for the company for 7 years, and then was diagnosed with stage 4 lung cancer and went on short term disability for a year until her long term disability kicked in . She returned to work after her chemo because she thought it would be a good part of the healing process, and worked for 2 months.

The company handed out forums to all salaried personel giving them the options to elect more life insurance because the company was changing insurance providers, and the same day, they fired her for incompetence.

This all happen about a month before she would have been put on long term disability, and retired.

She has a $500,000 group life insurance policy at the time that was taken away from her only a couple months before she died by them firing her.

It is a right to work, or no contract state/employer so some people seem to think there isn't much you can do, while others think that her previous work experience, and circumstances prove beyond a doubt that they did this to deliborately screw her.




sounds like it comes down to if her condition was protected under whatever state/federal law you guys cite (american disabilities act, family medical leave, state worker's comp shit, state insurance/employment regulations, et cet) and whether you can show her employer terminated her based on that protected condition, or were otherwise acting in bad faith (assuming they are required to act in good faith under state law). I presume you can show the employer knew about her condition when they fired her, or that her life insurance costs were signifigantly higher than they should be, or something like that?

What's your lawyer say about your chances?


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