| Lincoln Financial Fired
Lesnik After His Wells Fargo Bankruptcy Now
Trial Will Be Non-Jury
By Matthew
Russell Lee, Exclusive Patreon
BBC
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SDNY COURTHOUSE,
August 5 -- Jeffrey Lesnik was
a stock broker working for
Lincoln Financial Advisors
Corporation when they fired
him in November 2017, he says
because he had filed a
bankruptcy petition due to
misdeeds by Wells
Fargo.
Jump to February
28, 2020, when Lesnik's
lawsuit against Lincoln
Financial, reassigned to Judge
Lewis J. Liman, still
relatively new in the U.S.
District Court for the
Southern District of New York,
came up for a status
conference.
Lesnick's
lawyer Seamus P. Barrett of
the Derek Smith Law Group PLLC
said he too might file a
motion for summary judgment.
Judge Liman said, if you want
to spend your client's money
that way.
Barrett replied, We work on a
pure contingency fee basis, so
we only file a motion if we
think we will prevail.
Judge
Liman replied that whether
counsel before him are paid by
the hour or on contingency, he
presumes they have a basis for
the motions they file, under
Rule 11, until he's shown
differently.
Barrett
brought up the possibility of
Judge Liman referring the case
to a Magistriate Judge for
settlement talks. Judge Liman,
with Inner City Press openly
in the otherwise empty
gallery, asked the parties if
they agreed to have the court
reporter stop transcribing.
They did.
Lincoln
Financial's lawyer said her
client is willing to negotiate
but that Plaintiff is asking
for too much. Then she named
the figure, which for now we
omit in this format. More on
Patreon here.
On June 22,
2020 Judge Liman held another
proceeding, which Inner City
Press also covered. Judge
Liman explained that an August
trial in this civil trial was
not going to happen.
Now on
August 5, 2021, Judge Liman
held a proceeding on motions
in limine. He ruled that there
is not a right to a jury trial
in this case. Soon came the
joke that FINRA will not have
to be explained to lay jurors.
Talk turned to others who were
terminated.
Inner City
Press will continue to cover
this case.
The case is
Leznik v. Lincoln Financial,
18-cv-3656 (Liman).
***
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