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Senin, 16 Juli 2018

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Motley Rice LLC is one of the largest American plaintiff litigation companies. Founded in 2003, Motley Rice seeks justice and accountability on behalf of people and institutions harmed by errors and omissions. The company is currently involved in litigation efforts to hold those responsible for allegedly funding the September 11, 2001 attacks. Motley Rice is headquartered in Mount Pleasant, South Carolina, and has offices in eight cities across the United States.


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Histori

Motley Rice was formed in 2003 by founding members Ron Motley and Joe Rice after the breakup of Ness, Motley, Loadholdt, Richardson & amp; Poole P.A. Ron Motley played an important role in establishing a case against the asbestos industry in the 70s and also served as the premier lawyer in Tobacco litigation in the mid 90s, which resulted in the Master Completion Agreement (Tobacco).

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The practice area

  • Anti-terrorism
  • Human rights law
  • Legal flight
  • Environmental pollution including BP 2010 oil spill
  • Medical Equipment Disabled & amp; prescription drugs
  • Work Disease and Toxic Torture
  • Legal securities and consumer fraud
  • Severe injuries
  • Product liability and wrong claim of death
  • Whistleblower/Qui Tam

Asbestos and mesothelioma

Motley Rice represented about 96,000 asbestos plaintiffs until 2004. The company then transitioned into the pre-packed asbestos packet bankruptcy victim. Companies that apply with the help of Motley Rice generally emerge from bankruptcy after only a few months and in some cases only 30 to 45 days. Insurance companies are generally stuck with the obligation to asbestos claims run out in such bankruptcy proceedings. Investors are often allowed to keep their equity and often get rich when stock prices rise after the company is cleared of asbestos obligations. Very sick complainants generally receive far less compensation than they should get. Standard bankruptcy lasts on average six years and can cost millions of dollars per month.

The cost for pre-packaged bankruptcy varies greatly. The Swiss ABB power company suffering from asbestos obligations through its subsidiary Combustion Engineering in the United States charged $ 20 million for Motley RIce's services. Motley Rice earns an additional fee from contingency payments received by other clients under the terms of bankruptcy. Shook & amp; Fletcher, a small Alabama construction company, was charged only $ 3 million.

Critics say that Motley Rice has a conflict of interest in promoting pre-packaged bankruptcy. For example, in the case of ABB/Combustion Engineering, Motley Rice represents asbestos plaintiffs and the companies they demand. In response to this criticism, Joseph Rice said, "I have an ethics consultant all this time, I get paid for business transactions, and the prosecutors are paid because I can collect the transaction." My interests are 100% aligned with my client. "In this case, the same disease receives varying settlements by a factor of 20 because compensation is calculated by the average value of the historical settlement of the law firm representing them.

Motley Rice was able to effectively market pre-packaged bankruptcy due to the numerous plaintiffs it represented directly and through consulting and co-advisory agreements with local law firms across the country. The large client base of Motley Rice made it possible to create a global settlement that the accused knew would almost certainly be accepted.

When a company completes a mass claim in a pre-packaged bankruptcy, it is generally necessary for the company to have an independent administrator who processes the documents and ensure that each plaintiff has submitted all necessary documents. Motley This resource rice works for a company called Clearing House. The Clearing House was founded by lawyer Rice Motley in 2001 and was owned by Benee Wallace. Wallace worked as Joseph Rice's personal and paralegal assistant for years. In 2002, Wallace left Motley Rice with a "sabbatical" to run the Clearing House. That year, Clearing House earned more than $ 1 million. Wallace sold Clearing House to a consulting firm whose work was subcontracted to $ 100,000 and then returned to Motley Rice in 2003.

Gilbert Heintz & amp; Randolph (GHR) plays an important role in pre-packaged bankruptcy. Most GHR practices consist of representing asbestos defendants in a coverage dispute with their insurance company. GHR has been detained by many companies that did pre-packaged bankruptcy with Motley Rice. Motley Rice generally recommends the use of GHR to speed up the process. GHR will often act as a legal advisor to creditors in the same case.

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The famous lawyer

  • Ronald Motley, Establishment Member
  • Joseph Rice, Member of Establishment
  • Mary Schiavo, Former Inspector General of the US Department of Transport, Author of Flying Blind, Flying Safe
  • Linda Singer, Former Washington, D.C. Attorney General

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Controversy

Cruelty settings against ITT

In March 2012, Motley Rice was ordered to pay ITT Educational Services nearly $ 400,000 in legal fees to pursue the "reckless" lawsuit that the judge "based on a completely wrong story." In review, the 7th US Circuit Court of Appeal canceled the order and returned the lawsuit against ITT. The Court of Appeals criticized the lower court's dismissal, writing, "[W] e believes that Leveski's case is yet another example of a district court rejecting the [False Claims Act] after seeing the allegations too high at the general level."

Congoleum

In the bankruptcy of the Congoleum, Motley Rice refused to answer questions submitted under Rule 2019. Rule 2019, officially called the Federal Rules of Procedure 2019 (a), requires that lawyers representing more than one creditor submit a statement that mentions creditors, the amount of their claims , an explanation of how lawyers are employed on the case, and the nature and number of relevant claims held by lawyers. Rule 2019 is designed to enable judges to identify conflicts of interest. All attorneys representing more than one client in bankruptcy should file it under this rule, but many plaintiffs have strongly refused to do so. Bankruptcy judge Kathryn C. Ferguson demanded that Motley Rice fully comply with Rule 2019. The order was upheld on appeal.

Ahearn v. Fibreboard

Fiberboard is a near bankruptcy asbestos supplier that seeks to negotiate a global settlement of claims against it. The proposed settlement will rely almost entirely on insurance claims. Prior to completion, Fiberboard had unpaid debts of at least $ 1 billion and faced about 50,000 suits of asbestos injury. Fiberboard did not have enough money ready to enter the Georgine settlement but decided to pursue the same type of arrangement. The first fiberboard negotiated the inventory completion with Ness Motley covering 20,000 asbestos claims. This setting was later expanded to 45,000 claims. Surprisingly, the settlement requirement requires Ness Motley to recommend the same terms for any future claimants that it may represent. A judge then appoints Ness Motley to negotiate on behalf of the complainant in the future.

Fibreboard and Ness Motley soon announced that they had reached a settlement that would include all future claims. The judge certifies the class within a month after appointing Ness Motley. Ness Motley thus simultaneously represents the present and future prosecutor, a clear conflict of interest. The proposed settlement will split $ 500 million among at least 50,000 claimants and earn $ 167 million. Two major Fibreboard insurance companies contributed about $ 1.5 billion to a bankruptcy trust fund for future claimants with a very small $ 10 million from the defendant himself. Under this setting, Fibreboard will still have a value of $ 230 to $ 300 million as survival. Unlike most other asbestos settlements, no effort is made to ascertain the number of complainants in the future and what their financial needs are. The settlement was later canceled on appeal.

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Further reading

  • Haddad, Charles. "Southern discomfort." Business Week , February 17, 2003. About the breakup of Ness, Motley, Loadholt, Richardson & amp; Poole became a smaller company, including finally Motley Rice.

Renaissance on Charleston Harbor and Motley Rice Building | Flickr
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External links

  • Official website

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References

Source of the article : Wikipedia

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