https://www.legalexaminer.com/wp-content/claris-images-uploads/video-conference-woman@medium.jpgIt’s probably not a question you hear often from your clients: Instead of keeping my structured settlement payments going, can I sell them for cash? And when you do hear it, it probably makes you cringe. If you’re a personal injury attorney, that structured settlement arrangement was part of a plan put into place during settlement negotiations that you worked hard on, likely years ago. And if you are an estate planning attorney or a financial advisor, clients’ structured settlements are typically an asset that you’re planning around – not planning to change. Your knee-jerk reaction to your client’s question may be to advise against it, but doing your due diligence to consider their … [Read More...]

https://www.legalexaminer.com/wp-content/claris-images-uploads/shutterstock_1018157575@medium.jpgBy Jason D. Lazarus, J.D., LL.M., MSCC, CSSC The following is adapted from The Art of Settlement. For many years, personal injury cases have been resolved without consideration of Medicare’s secondary payer status even though since 1980 all forms of liability insurance have been primary to Medicare. At settlement, by judgment or through an award, an injury victim would receive damages for future medical expenses that were Medicare covered. However, none of those settlement dollars would be used to pay for future Medicare-covered health needs. Instead, the burden would be shifted from the primary payer (liability insurer or workers’ compensation carrier) to Medicare. Injury victims would routinely provide their Medicare card to providers for … [Read More...]

https://www.legalexaminer.com/wp-content/claris-images-uploads/accident-adult-african-1539678@medium.jpgPR7OP clip-in pedals can suddenly break while riding and cause injuries. It has been reported that certain pedals used on Peloton bikes made between July 2013 and May 2016 are a “laceration hazard,” prompting  Peloton to issue a voluntary recall of the pedals.  These clip in pedals, the “PR7OP,” were used on approximately 27,000 bikes. The US Consumer Products Safety Commission reported that about 120 purchasers of Peloton bikes notified them about pedals breaking.  Sixteen purchasers reported leg injuries, and 5 of these purchasers required medical care. Peloton has many types of classes for its riders, which include the rider standing up and pedaling, “racing” on a “flat” surface, and pushing up a “hill…. [Read More...]

https://www.legalexaminer.com/wp-content/claris-images-uploads/hand-juul-cartridge@medium.jpgOn October 2, 2020, the U.S. Judicial Panel on Multidistrict Litigation centralized all federally filed JUUL lawsuits into one court in the Northern District of California. U.S. District Judge William H. Orrick was assigned to oversee the pre-trial proceedings. Currently, the parties are working toward selecting a small number of cases to prepare for trial. These cases will be “bellwether” trials and may help determine how juries will react to the evidence presented. Judge Sets Dates for Discovery and Early Trials So far, about 900 JUUL lawsuits are pending in courts around the country, with many of those now moved to the California federal court. Each case involves claims that JUUL knowingly marketed their e-… [Read More...]

https://www.legalexaminer.com/wp-content/claris-images-uploads/G4d–Jpg@medium.jpgThe Portsmouth Police Department is investigating a hit-and-run that left a victim dead. According to investigators from the Strategic Traffic Unit, on October 12th, at approximately 1:30 a.m., police received a report of an injured man on the ground at the intersection of George Washington Highway and Davis Street. An unknown vehicle had struck the male victim and took off. The 27-year-old victim was transported to the hospital where he was placed on life support. He died five days later. Anyone who has information about this crime is urged to call the Portsmouth Police Department Major Crimes Unit at (757) 393-8536 or to submit an anonymous tip through the Portsmouth Crime Line … [Read More...]

https://www.legalexaminer.com/wp-content/claris-images-uploads/boy-scouts-crossing-river@medium.jpgIf you were sexually molested as a minor in the Boy Scouts, you may qualify for compensation under the Chapter 11 bankruptcy filed by Boy Scouts of America. But you have less than a month to file your claim. To discuss your legal options contact Saunders & Walker at 1-800-748-7115 to discuss your claim. This past February, faced with an onslaught of sexual abuse cases, the Boy Scouts of America sought bankruptcy protection. The bankruptcy court established a deadline of November 16, 2020 for filing claims. Only those claims submitted by that “bar date” of Nov. 16 will be eligible for funds from an anticipated victims compensation trust. At the time of the bankruptcy filing, the Scouts’ national organization … [Read More...]

https://www.legalexaminer.com/wp-content/claris-images-uploads/oxycontin@medium.jpgOpioid addiction is a devastating scenario both for the person using the medication and his or her loved ones. The opioid crisis has been linked to more than 470,000 deaths in the U.S. since 2000. It is essentially a man-made pandemic. In recent years, thousands of people have pursued justice from Purdue Pharma, the company that makes OxyContin, and they and their attorneys have faced an uphill climb since then. Today, the Justice Department announced that Purdue will plead guilty to three federal criminal charges as part of a settlement totaling more than $8 billion.  Here’s the breakdown of how and whom Purdue will pay: $2.8 billion in damages to resolve its civil liability $3.54 billion criminal … [Read More...]

https://www.legalexaminer.com/wp-content/claris-images-uploads/subrogation@medium.jpgBy Jason D. Lazarus, J.D., LL.M., MSCC, CSSC The following is adapted from The Art of Settlement. Heidi Ahlborn was injured in a very serious car accident in January of 1996. At the time, she was a nineteen-year-old college student pursuing a degree in teaching. She suffered a catastrophic brain injury that left her incapable of finishing college and unable to care for or support herself in the future. Due to her injuries and lack of assets, Ahlborn qualified for Medicaid coverage in Arkansas. Medicaid paid Arkansas healthcare providers $215,645.30 for injury-related care on her behalf. When the Arkansas Department of Health tried to assert a lien against Ahlborn’s settlement, she sued, and … [Read More...]

https://www.legalexaminer.com/wp-content/claris-images-uploads/shutterstock_109331033@medium.jpgAn attack by a dog can be an extremely traumatizing event. These incidents are often without warning and can be savage and sudden. Dog bites can result in lacerations, puncture wounds, and broken bones, as well as catastrophic injuries, including facial disfiguration, emotional trauma and even death. If you have been the victim of a dog bite, it is important to know the proper steps to take to successfully file and win your claim. Florida is a “strict liability” state when it comes to dog bites, which means that the dog owner will be held liable if his or her dog bites another person, regardless of whether the dog owner had prior knowledge or warning that … [Read More...]

https://www.legalexaminer.com/wp-content/claris-images-uploads/us-capitol-flags@medium.jpgIt’s fair to say that COVID has replaced terrorism as a focus of national concern these days, but justice for victims of terrorism marches on. In 2015, the Department of Justice (DOJ) took a critical step toward holding foreign terrorists accountable when it established the U.S. Victims of State Sponsored Terrorism Fund (USVSST). This fund compensates thousands of Americans who have been victims of international acts of terrorism – including the Iran hostages held from 1979 to 1981 and their families, victims of the embassy bombings in Kenya and Tanzania, victims of the attack on the U.S.S. Cole, victims of 9/11 and their families, and other international terrorist incidents. As a former Army Captain, protecting my fellow … [Read More...]

https://www.legalexaminer.com/wp-content/claris-images-uploads/shutterstock_756139801@medium.jpgFor the thousands of people who were sexually abused by Boy Scouts of America volunteers and employees, time is running out to be part of the movement to hold BSA accountable. The deadline to file a “Proof of Claim” form is November 16, 2020 – one month from today. After that date, anyone who has not filed a form cannot take legal action against the organization. What is a Proof of Claim form? First, it’s helpful to understand what Chapter 11 bankruptcy is. There are several types, known as “chapters,” of bankruptcy. Chapter 11 allows an organization to come up with a plan to pay its debts without being liquidated. Boy Scouts of America filed for Chapter 11 bankruptcy so … [Read More...]