• The KillerFrogs

Listenbee Lawsuit Update 3/19/2018

Froglaw

Full Member
I just got beck to my desk.

My other hearing cancelled so I was able to hear most of the Listenbee arguments on the two Motions (Transfer Venue and Abate).

First, let me say both sets of attorneys understood the issues and made knowledgeable arguments.

Mr. Potts is an excellent attorney and Mr. Listenbee is well represented.

Judge Benson understood the issues and she asked pointed questions to both sides.

Second, I learned that Listenbee's case in Tarrant County was not abated. Listenbee is appealing to the Fort Worth Court of Appeals.

Judge Benson denied the TCU/Big 12 Motion to Transfer Venue.

She took the TCU/Big 12 Motion to Abate under advisement giving both sides 10 days to brief the concerns she had regarding Texas case law. Mainly, are there any cases that address the issue of a 24 hour filing difference for "Dominant" jurisdiction and does the issue of a non-filed compulsory counter-claim of a non-party in the first case have to be considered in determining "abatement" by the second Court.

Lastly, the Court seemed to understand the primary case against TCU in the Dallas Court is a question of CGP forcing KL to return to football before he was physically healed. This theory seemed to have some traction with Judge Benson.

Contrast the emphasis in Tarrant County (a contractual relationship between TCU and John Peter Smith Hospital System as a Declaration cause of action) and the Dallas County case where malfeasance is alleged against TCU and CGP.

My bet is that Judge Benson's decisions are going up on appeal to the Dallas Court of Appeals as well.

Note that TCU/Big 12 had approximately 12 lawyers in the Courtroom.

KL had Mr. Potts and that appeared to be it.

This case is far from over and will probably be going when the Class of 2022 graduates from TCU.
 

Hoosierfrog

Tier 1
don't worry retired insurance adjuster, they answer my calls

I was referring to KL.

You say that with an implied derision. Since I am not a retired insurance adjuster, can’t really take offense. I’m not sure why you cast dispersions on the very people that pay the way for most ambulance chasers. I’m all for getting rid of insurance companies and having legislatures set amounts people can collect for different torts. Then we could away with lowly adjusters and even lower lawyers that make their livings off them.
 
I just got beck to my desk.

My other hearing cancelled so I was able to hear most of the Listenbee arguments on the two Motions (Transfer Venue and Abate).

First, let me say both sets of attorneys understood the issues and made knowledgeable arguments.

Mr. Potts is an excellent attorney and Mr. Listenbee is well represented.

Judge Benson understood the issues and she asked pointed questions to both sides.

Second, I learned that Listenbee's case in Tarrant County was not abated. Listenbee is appealing to the Fort Worth Court of Appeals.

Judge Benson denied the TCU/Big 12 Motion to Transfer Venue.

She took the TCU/Big 12 Motion to Abate under advisement giving both sides 10 days to brief the concerns she had regarding Texas case law. Mainly, are there any cases that address the issue of a 24 hour filing difference for "Dominant" jurisdiction and does the issue of a non-filed compulsory counter-claim of a non-party in the first case have to be considered in determining "abatement" by the second Court.

Lastly, the Court seemed to understand the primary case against TCU in the Dallas Court is a question of CGP forcing KL to return to football before he was physically healed. This theory seemed to have some traction with Judge Benson.

Contrast the emphasis in Tarrant County (a contractual relationship between TCU and John Peter Smith Hospital System as a Declaration cause of action) and the Dallas County case where malfeasance is alleged against TCU and CGP.

My bet is that Judge Benson's decisions are going up on appeal to the Dallas Court of Appeals as well.

Note that TCU/Big 12 had approximately 12 lawyers in the Courtroom.

KL had Mr. Potts and that appeared to be it.

This case is far from over and will probably be going when the Class of 2022 graduates from TCU.

Thanks for the update! Did you bill a client for your time in that courtroom lol
 

RollToad

Baylor is Trash.
I just got beck to my desk.

My other hearing cancelled so I was able to hear most of the Listenbee arguments on the two Motions (Transfer Venue and Abate).

First, let me say both sets of attorneys understood the issues and made knowledgeable arguments.

Mr. Potts is an excellent attorney and Mr. Listenbee is well represented.

Judge Benson understood the issues and she asked pointed questions to both sides.

Second, I learned that Listenbee's case in Tarrant County was not abated. Listenbee is appealing to the Fort Worth Court of Appeals.

Judge Benson denied the TCU/Big 12 Motion to Transfer Venue.

She took the TCU/Big 12 Motion to Abate under advisement giving both sides 10 days to brief the concerns she had regarding Texas case law. Mainly, are there any cases that address the issue of a 24 hour filing difference for "Dominant" jurisdiction and does the issue of a non-filed compulsory counter-claim of a non-party in the first case have to be considered in determining "abatement" by the second Court.

Lastly, the Court seemed to understand the primary case against TCU in the Dallas Court is a question of CGP forcing KL to return to football before he was physically healed. This theory seemed to have some traction with Judge Benson.

Contrast the emphasis in Tarrant County (a contractual relationship between TCU and John Peter Smith Hospital System as a Declaration cause of action) and the Dallas County case where malfeasance is alleged against TCU and CGP.

My bet is that Judge Benson's decisions are going up on appeal to the Dallas Court of Appeals as well.

Note that TCU/Big 12 had approximately 12 lawyers in the Courtroom.

KL had Mr. Potts and that appeared to be it.

This case is far from over and will probably be going when the Class of 2022 graduates from TCU.
I only understood the last three sentences.

Edit: and the first one
 

Brog

Full Member
[TE]
New

I just got beck to my desk.

My other hearing cancelled so I was able to hear most of the Listenbee arguments on the two Motions (Transfer Venue and Abate).


I only understood the last three sentences.


----

The part about just getting back to his desk was clear to me.


 

Froglaw

Full Member
I was referring to KL.

You say that with an implied derision. Since I am not a retired insurance adjuster, can’t really take offense. I’m not sure why you cast dispersions on the very people that pay the way for most ambulance chasers. I’m all for getting rid of insurance companies and having legislatures set amounts people can collect for different torts. Then we could away with lowly adjusters and even lower lawyers that make their livings off them.

Hoosier, I make my living on those folks who don't stop at traffic control devices, market inherently dangerous products, fail to follow safe construction practices as mandated by OSHA, the insurance industry, and common sense.

If none of those folks driving outside the law, making holsters for weapons that allow misfires, allow non-qualified persons to operate heavy equipment, or adjusters who fail to pay legitimate claims, then I would not exist.

Hoosier, my only regret is that we never got a case together.

I guess we will just have to settle for a beer. :)
 

Hoosierfrog

Tier 1
Hoosier, I make my living on those folks who don't stop at traffic control devices, market inherently dangerous products, fail to follow safe construction practices as mandated by OSHA, the insurance industry, and common sense.

If none of those folks driving outside the law, making holsters for weapons that allow misfires, allow non-qualified per

(Hope this came out legible as my iPhone seems to format on its own)sons to operate heavy equipment, or adjusters who fail to pay legitimate claims, then I would not exist.

Hoosier, my only regret is that we never got a case together

I guess we will just have to settle for a beer. :)

I think I would probably need a lawyer if we ever tried a case against each other. I did consultant and investigative work for both plaintiff and defense and was never an attorney. But did intimately see the inner workings of not.

Which is not to say a beer would not be something I would enjoy!
 

Hoosierfrog

Tier 1
I think I would probably need a lawyer if we ever tried a case against each other. I did consultant and investigative work for both plaintiff and defense and was never an attorney. But did intimately see the inner workings of not.

Which is not to say a beer would not be something I would enjoy!

Geez that should say “inner workings of both”
 

Froglaw

Full Member
I think I would probably need a lawyer if we ever tried a case against each other. I did consultant and investigative work for both plaintiff and defense and was never an attorney. But did intimately see the inner workings of not.

Which is not to say a beer would not be something I would enjoy!

Okay a double negative at the end of the day . . . CHEERS!!!!!
 

YA

Active Member
I just got beck to my desk.

My other hearing cancelled so I was able to hear most of the Listenbee arguments on the two Motions (Transfer Venue and Abate).

First, let me say both sets of attorneys understood the issues and made knowledgeable arguments.

Mr. Potts is an excellent attorney and Mr. Listenbee is well represented.

Judge Benson understood the issues and she asked pointed questions to both sides.

Second, I learned that Listenbee's case in Tarrant County was not abated. Listenbee is appealing to the Fort Worth Court of Appeals.

Judge Benson denied the TCU/Big 12 Motion to Transfer Venue.

She took the TCU/Big 12 Motion to Abate under advisement giving both sides 10 days to brief the concerns she had regarding Texas case law. Mainly, are there any cases that address the issue of a 24 hour filing difference for "Dominant" jurisdiction and does the issue of a non-filed compulsory counter-claim of a non-party in the first case have to be considered in determining "abatement" by the second Court.

Lastly, the Court seemed to understand the primary case against TCU in the Dallas Court is a question of CGP forcing KL to return to football before he was physically healed. This theory seemed to have some traction with Judge Benson.

Contrast the emphasis in Tarrant County (a contractual relationship between TCU and John Peter Smith Hospital System as a Declaration cause of action) and the Dallas County case where malfeasance is alleged against TCU and CGP.

My bet is that Judge Benson's decisions are going up on appeal to the Dallas Court of Appeals as well.

Note that TCU/Big 12 had approximately 12 lawyers in the Courtroom.

KL had Mr. Potts and that appeared to be it.

This case is far from over and will probably be going when the Class of 2022 graduates from TCU.
I never liked practicing in her court as she interprets things in ways that make both sides question her rulings. PLUS she is a TCU grad!!!!
 
Last edited:

YA

Active Member
I was referring to KL.

You say that with an implied derision. Since I am not a retired insurance adjuster, can’t really take offense. I’m not sure why you cast dispersions on the very people that pay the way for most ambulance chasers. I’m all for getting rid of insurance companies and having legislatures set amounts people can collect for different torts. Then we could away with lowly adjusters and even lower lawyers that make their livings off them.
Ha Ha!!! I do say it with 100% derision as you go on rants about anything to do with plaintiff side of the bar. Half the time I am just trying to get a rise out of you to respond
 

Brevity Frog

Active Member
I was referring to KL.

You say that with an implied derision. Since I am not a retired insurance adjuster, can’t really take offense. I’m not sure why you cast dispersions on the very people that pay the way for most ambulance chasers. I’m all for getting rid of insurance companies and having legislatures set amounts people can collect for different torts. Then we could away with lowly adjusters and even lower lawyers that make their livings off them.

Dumb
 
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