Month: March 2020

How Structured Settlements and Trusts Work Together to Protect Your Client’s Recovery Long after the Settlement Ends

We hear the same thing from attorneys over and over: I secured a substantial recovery for my client, but I am concerned they are going to blow it. What can I do?

The reasons why they feel that way about their client vary. The client suffered a mild brain injury but isn’t legally incompetent. The client has a history of addiction or a gambling problem. The client has friends or family members who may try to take advantage. The client is not mature or financially savvy. The client is too nice and doesn’t know how to say no. The list goes on.

One method that takes care of clients in any of the above situations is to pair a structured settlement with a trust. A

Predators Behind the Badge: Confronting Police Sexual Misconduct

As more efforts to stem sexual abuse by powerful men come to light, there still remains a marginalized group that continues to suffer at the hands of the people who should be protecting them.

They are the victims of police sexual misconduct.

Interviews with police and other experts and a review of available data by The Crime Report indicated that police sexual misconduct (PSM) most affects young people and others who are the most vulnerable in society— amounting to a betrayal of trust of those who look to them the most for guidance, protection and safety.

“Police sexual misconduct is an issue that’s hidden in the shadows,” said Andrea Ritchie, author of “Invisible No More: Police Violence Against Black Women and Women of Color,” in an interview with The Crime Report.

“Police have so much power, and they use that power in the same way that other people with power, such as [Harvey] Weinstein, politicians, and priests do.”

The problem has long been recognized—but it’s only beginning to receive attention from police training academies and state legislatures.

Resolving Medical Malpractice Matters Through Mediation

There are numerous benefits associated with using mediation to resolve medical malpractice disputes. The mediation process affords both parties more control over the process, often reduces the cost of litigation, and can expedite dispute resolution for all. Medical malpractice mediation also presents its challenges. Given the nature of medical malpractice claims, the atmosphere at these hearings can be tense, and negotiations can be emotionally charged. What follows illustrates the importance of understanding the nuances of medical malpractice matters whether one is an advocate or a neutral seeking to assist the parties to reach a settlement.

Rolling the Trial Dice or Achieving a Settlement

A major impediment to settlement in medical malpractice disputes is the required reporting to the federal National Practitioner Data Bank (NPDB). All medical malpractice settlements or payments of judgment are reportable against the physician, if there is a settlement or judgment payment made by an insurer or by the employer of a physician. So, an optimistic physician may want to “roll the dice” and go to trial rather than settle, believing that he or she will win, rather than agreeing to a settlement reportable in the federal database.

Sierra Creative Sexual Harassment and Retaliation Lawsuit Settled

Sierra Creative Systems, Inc., doing business as Addressers, a Paramount, Calif.-based printing, mailing and fulfillment company, has agreed to pay $690,000 to settle a sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

The EEOC’s lawsuit charged Sierra Creative with subjecting female employees to sexual harassment and retaliation at its North Hollywood facility. The alleged harassment included unwelcome touching, sexual comments and derogatory statements about women. The EEOC further asserted that Sierra Creative failed to adequately respond to complaints of discrimination made against one of its supervisors. In addition, the EEOC alleged that those who complained were denied hours and subjected to retaliatory harassment.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964.

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