Is the trial date already on the papers my attorneys PI served my exemployer and if not does he need to served again to advise him that court will be held on... and typically what is the time frame from served process to trial in Louisiana. The papers I'm saying he was served was the complaint filed in federal court and is already a lawsuit. This is no demand letter. This is a 100% filed lawsuit. I'm constantly hearing 2 yrs from service but that sounds ridiculously long considering I have limitations on my claims. I'm sure this won't see the inside of a court room but the defendant will use everyday legally given to him to respond. So worst case scenario please. Here's what I found on the web. Exemployer has 30 days to answer service served. Meaning either deny or admit accusations? He will deny. He will wait all 30 days and then...
Also he will be obligated to pay my attorneys fees and that should mean I get 100% of my settlement . But my attorney says not so. I still have to pay a portion of it bc that double payment is what motivates the attorney to take the case. I say untrue
Your attorney is in the best position to know. However two years does not seem long
The Court sets the trial date usually after a period of discovery by both parties. Most federal courts set more than one trial in a setting. Most likely you may get bumped to a new trial date and your case could continue until your case is the oldest on the docket. Needless to say, criminal cases prime all civil cases. Two years in federal court is not unusual. Your attorney seems to know what he is doing. Ask for a conference and have him explain the procedure to you. Good luck.
Disclaimer: This answer does not constitute legal advice. I am admitted in the states of Louisiana, Mississippi and the District of Columbia only. I make no attempt to issue opinions on matters of law that may be applicable to other jurisdictions other than to the states in which I am admitted to practice. Advice is based on general principles of law that may or may not relate to your specific situation in your specific jurisdiction. You should not rely on this advice alone. Nothing in these communications creates an attorney client relationship as each state that I am admitted has specific requirements for the establishment of an attorney client relationship. You should seek the advice of legal counsel in your respective jurisdiction for a more complete answer.
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