Mb civil suit rulings 11/15/2022

That is the death’s kiss if itts world premiere is at Portland. No distributor worth their salt will be there. So, it likely won’t see the light of day.

9 Likes

ETA: Gravitas is a nobody. Never heard of them until google. Shocked they sold for 73M. (https://www.crainscleveland.com/arts-entertainment/cleveland-film-distributor-gravitas-ventures-sold-73-million-deal)

No clue who Wide is.

7 Likes

I’ve actually heard of Gravitas. They have released some things I’ve seen on either Netflix or maybe Amazon. Nothing that I can recall, however.

What is interesting to me is that Nagel specializes in class action law suits and the like and notes on his website that he previously sued Boy Scouts of America for not disclosing certain information, I assume related to the sexual assault cases he documents in his film. Seems like a greasy way to glorify him suing the Boy Scouts and/or a way to accumulate clients in relation to their experience with Boy Scouts of America.

When I first learned he was a film maker, I assumed XXX based on his hair alone. :upside_down_face:

25 Likes

:smiling_face_with_three_hearts:

Looks like a public service. https://m.imdb.com/title/tt22014762/

Boy Scout’s Honor official trailer, grooming documentary movie

The recording of a lease which then designates leasee as owner is actually NOT for A/O division. However, if you show a horse in the A/o division (that you are in fact the owner of) and you show another in the adult amateur division, you must own the one in the adult amateur division. The ownership of the adult amateur horse allows being a leasee who has registered the lease as owner not just the legal owner.

Edited for clarity

Thank you for your insight.

Since there had been so much discussion about the meaning of NGRI vis-a-vis a civil suit for damages, I thought it would be interesting to know if this type of issue had ever been brought before a higher court in NJ, and if so, what the decision was.

But it sounds as though it is very likely there is no precedent in NJ for circumstances such as in the MB case. So as you said, I guess we just get to wait.

I know next to nothing about the film industry, but when I saw Portland Film Festival listed for the premiere, I snorted out loud. :laughing:

4 Likes

I interpreted the judges reference to “guilty of attempted murder” as a reference to actus reus and his reference to “not criminally responsible due to insanity” as a reference to the absence of mens rea, as found by the jury in the criminal case.

A finding of actus reus without mens rea is exactly what is involved in a NGRI verdict.

To be found Guilty would have required a finding that both actus reus and mens rea.

1 Like

I think there are two issues here. One is whether the NGRI verdict in the criminal trial indicates that the jury in the criminal trial determined as a finding of fact that “he shot her”.

The second issue is whether a jury finding in a criminal case carries weight as a fact on the record in a subsequent civil case.

On the second issue, there must be plenty of precedents in which a defendant is found to have committed the act, without insanity, and has been found guilty, then sued in a civil case.

At this point, I’m leaning toward agreeing with @lazaret that the defense could require LK to meet her burden of proof that he shot her, albeit to a lower standard of proof than the prosecutor has already cleared, if they choose to relitigate it. I agree with you that it would be interesting to know if there are cases in which the defendant was found guilty of the act (actus reus) in a criminal trial, but then escaped liability in a civil trial on the same act.

1 Like

I’d never looked up Nagel - from what has been posted here about him, a person might think he’s some sort of porn film producer/ambulance chasing dolt. He has an excellent reputation as a trial attorney, co-founded his firm with Rice around 1983. Over a billion in verdicts and settlements indicates he’s no slouch. The recent BSA settlement (Nagel was one of numerous attorneys across the country representing 82,000 victims of child abuse) in February 2022, 2.7 billion, is the largest settlement of it’s kind in the US. There was also another documentary released in June 2022 regarding BSA - Leave No Trace. Can’t believe you speculate that he only did that as a greasy way to glorify himself.

"Bruce H. Nagel is widely recognized as one of the premier trial attorneys in the country. His firm has been included in the National Law Journal’s list of America’s Top 50 Elite Trial Lawyers. He specializes in complex litigation including serious personal injury, class actions, birth injuries, transportation accidents, and business disputes and has obtained over $1 billion in settlements and verdicts for his clients. Many of his high profile cases have been featured on Nightline, Good Morning America, Today Show, Inside Edition and in print media throughout the world. The national legal correspondent for a major network called Bruce “a well-known New Jersey lawyer with an excellent reputation for creative litigation.”

Bruce has handled some of the highest profile cases in the country including the Short Hills Mall carjacking death action, cyberbullying suicide of middle schooler, sexual abuse cases against the Boy Scouts of America, Amtrak train derailment, and the Paramus bus crash.

Bruce has achieved many accolades for his trial expertise including being named to the New Jersey Super Lawyers Top 10 list many years, included in the New Jersey Personal Injury Hall of Fame, and named in the Best Lawyers in America, Best Lawyers in New York City and Best Lawyers in New York Metropolitan area. The New Jersey Law Journal recently named him with the highest jury verdict in 2018-2019, a $39 million verdict in an accident resulting in multiple limb amputations. In addition to his extensive experience in the trial courts throughout the country, Bruce has appeared 12 times before the New Jersey Supreme Court and has molded the law of torts, medical malpractice, class actions, consumer fraud, and trial practice. He has also successfully argued a landmark case before the Supreme Court of Delaware (en banc) in a case involving a failed corporate acquisition.

Bruce represents a broad range of clients including Fortune 500 companies, sports and entertainment figures, and the guy next door."

“B. Nagel Films, LLC is an independent film maker with offices in the New York metropolitan area. The company was founded by Bruce H. Nagel, a nationally recognized trial attorney who has had handled newsmaker and high profile cases around the country. He was the first attorney in the country to sue the Boy Scouts of America on the theory that it deliberately withheld the data it had maintained since the 1920’s on pedophiles in the scoutmaster ranks and by doing so promulgated an ineffective youth protection plan in the 1980’s. Based upon the landmark settlement reached in that case, the company produced its first film entitled Boy Scout’s Honor which has been selected for screening at the Portland Film Festival on October 12, 2022. The Company has worldwide distribution of Boy Scout’s Honor with Gravitas and Wide. The Company is currently working on several new documentary film projects.”

2 Likes

More on Bruce Nagel:

Scholarly Lectures/Writings:

  • Author, “The Evolving Torts of Wrongful Life and Wrongful Birth,” New Jersey Lawyer, October, 1997
  • Author, “Individual Contract Rights for Union Employees-How Far Will The court Stretch Woolley?" New Jersey State Bar Association, Labor and Employment Law, Vol. XI, No. 4, 1988
  • “Deduction for Taxes in Valuing Professional Practices: Avoiding the ‘Triple Whammy”, New Jersey Family Lawyer, Volume X, No. 4, May, 1990
  • Co-Author, “Critical Pattern Requirement Under RICO”, New Jersey Law Journal, September 1, 1988
  • Exxon Mobil Created Public Nuisance, New Jersey Law Journal, September 15, 2008
  • Moderator and Lecturer, Seminar: Trying Breast Cancer Cases, Institute for Continuing Legal Education, September, 2004
  • Moderator and Lecturer, Seminar: Winning the Big Verdict, Institute for Continuing Legal Education, November, 2003
  • Moderator and Lecturer, Seminar: “Trying a Wrongful Birth Case,” ATLA, New Jersey Symposium, 2002
  • $2.7M Verdict Ends Hartz Mountain’s Long, Uphill Battle, New Jersey Law Journal, May 29, 2006
  • Health Care Law, Small Board Contemplates Big Changes for Out of Network Providers, December 12, 2005
  • Bruce Nagel Isn’t Afraid to Shake Things Up, The New Jersey Super Lawyers, 2007
  • Lawsuit Alleges Montville Student was Cyber-Bullied, The Star-Ledger, November 29, 2007
  • Attorney Devoted to Law and Order, The Sunday Star-Ledger, April 20, 2008
  • Griggs Settlements: Dead or Alive?, New Jersey Law Journal, April 18, 2008
  • Teen Bares Her Battle with Anorexia, How She Won, News 4, June 6, 2008
  • Lecturer, Top Ten Tort Cases of 1997, Annual Conference, The Association of Trial Lawyers of America-New Jersey, 1997
  • Lecturer, Third Annual At-Will Employment Law Symposium, 1989
  • Lecturer, Civil Trial Institute, Institute for Continuing Legal Education, July, 2005
  • Adjunct Professor, Medical Malpractice, New Jersey Practice, Seton Hall University, School of Law
  • Adjunct Professor, Law, Seton Hall Law School, 1983
  • Lecturer, Tort Law Conference, Institute for Continuing Legal Education, 2007
  • Moderator and Lecturer, First Annual Tort Law Forum, Institute for Continuing Legal Education, June, 1997
  • Guest Lecturer, Fordham University School of Law, 1983
  • Lecturer, ATLA-NJ, 1983

Honors/Awards:

  • One of America’s Top 50 Elite Plaintiff’s Attorneys, National Law Journal
  • Best Lawyers in America
  • Highest Jury Tort Verdict and Settlement of 2019, New Jersey Law Journal 2019
  • Top 10, SuperLawyers List
  • Best Lawyers in New York City
  • Distinguished Leader of the Bar, New Jersey Law Journal
  • New Jersey Personal Injury Hall of Fame
  • Best Lawyers in New York Metropolitan Area
2 Likes

Nagel notable representations:

  • Settlements and Jury Verdicts of over $400 million in complex personal injury and medical malpractice actions, including the recent $39 Million jury verdict, cited by the New Jersey Law Journal as the largest jury verdict of 2018-2019.
  • $225 Million settlement, including $50 million in legal fees, on behalf of the State of New Jersey in natural resource damage litigation against Exxon-Mobil. Bruce co-counselled this landmark litigation for over 7 years and established strict liability for damages to the habitat. This is one of the largest settlements in New Jersey history and is the second largest fee award in New Jersey history.
  • $180 Million class action settlement against Horizon Blue Cross Blue Shield of New Jersey on behalf of out of network surgery centers for underpayment of insurance claims.
  • Successful defense of class actions filed in New York and California against manufacturer of Quick-Trim Weight Loss System® and the Kardashians claiming interaliadeceptive advertising and seeking tens of millions in damages. Bruce negotiated a nationwide class action settlement and successfully argued the California appeal which rejected the objectors’ challenge to the settlement.
  • Recovery of over $50 million in wrongful birth actions including failure to detect genetic diseases including Tay-Sachs, Canavans, Nieman-Pick, Wolf-Hirschhorn, Trisome 18.
  • Landmark class actions against Horizon, Aetna and AmeriHealth establishing medical coverage for eating disorders as biologically based mental disorders and the payment of millions in denied claims. Over 3.5 million class members benefitted by these settlements. The federal judge who approved these settlements observe that Nagel Rice provided class members with “very valuable relief” and the firm represented the “lofty side” of class action practice. Drazin v. Horizon Blue Cross Blue Shield of NJ, 832 F. Supp. 432 (D.N.J. 2011).
  • New Jersey RICO action on behalf of publicly traded insurance company against short-selling hedge funds which targeted their stock. Settlement and jury verdict of $30 million, including punitive damages.
  • $16 Million Jury Verdict against a division of Goldman Sachs on behalf of a former CEO of a major telecom company for breach of fiduciary duties in connection with the sale of variable life insurance policies.
  • Court appointed member of settlement committee in multi-district litigation pending in Louisiana involving the drug Taxotere. In re Taxotere (Docetaxel) Products Liability Litigation, MDL No.: 2740.
  • Confidential settlement against the Short Hills Mall in case involving the carjacking wrongful death of a mall patron.
3 Likes

Lots of credentials for a guy who appears to be such a muck up and seems so challenged as to the English language as well as his poor writing skills. But I’m sure even he can’t make LK appear without culpability as to the events of the shooting.

31 Likes

Ok can you list the evidence you are aware of that was allowed to be used in the trial?

15 Likes

All these accolades make it more surprising that some of his filings are so sloppy.

A film production company is a business entity that raises money and hires a director to work on specific projects. The producer is the person who applies for, funds, and disburses the funding. If you are savvy you try to get investment from distributors who will then be interested in promoting your film. But if you have cash you can certainly self fund a vanity project. There are so many niches for distribution now like streaming services. In the past there were made for TV movies and then direct to video releases that never screened in theatres. Many films never get theatrical release.

There are also a lot of tiny film festivals and also contests and script writing contests and workshops that don’t really lead to much beyond more of the same. It’s a field with many aspirants.

14 Likes

Big over react for such a small comment.

:thinking:

28 Likes

Thank you for the advertisement for for Bruce Nagel @SierraMist

Anyone can go to his website and find that :wink:

He isn’t a slouch. You’re also going to see those “big numbers” with the type of cases he handles, due to their nature. He’s also been in the game for quite a while. It’s often not Bruce Nagel alone getting all of that monies, but he’s still a part of it, don’t get me wrong. He’s not bottom of the barrel by any means, but if I had unlimited means, and this case was very important to me, I’m not sure if I would’ve landed on Nagel :thinking: not that he doesn’t have respectable accomplishments!

Who knows, maybe he will knock our socks off as things progress, thus far, no, but things really haven’t gotten very far yet. I don’t necessarily like his style, but if it works for him, then so be it. I expected a bit “better” given his accomplishments and experience…but again, if he’s found his style that works then fair enough, I don’t have to “like” it.
Choosing your legal team, even for more mundane tasks (wills, estate, taxes) is a personal thing. Yes credentials are considered and hugely important, but so his the relationship in general, especially if you’ll be represented by this attorney in a big case and/or over a substantial amount of time.

There are many other websites out there for attorneys that would read similar. You’ve got to sell yourself :wink: I would assume since he’s been in the game long enough, Nagel has no issue with clients finding him and does quite well for himself. Some of his cases have really good causes behind them (aside from just $$$ even though that’s generally the primary goal, of course).

17 Likes

I’m feeling snarky so, thanks for showing us your copy/paste skills on a subject that’s irrelevant to…anything.

ETA: his previous record is not a litmus test for how he’s handling this s suit.

33 Likes