$4.9M Settlement for Mother of Passenger Killed in Auto Accident
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PAGE 5: IMMIGRATION LAW THE OLDEST LAW JOURNAL IN THE UNITED STATES 1843-2020 PHILADELPHIA, FRIDAY, AUGUST 21, 2020 VOL 262 • NO. 37 $5.00 Bayer Seeks to Resolve $4.9M Settlement for Mother of – INSIDE THE LEGAL – REGIONAL Most Essure Claims in Emailed Arbitration Agreement. 3 Passenger Killed in Auto Accident In a case testing the bounds of $1.6B Proposed Accord employer arbitration contracts and if “acknowledging” an agreement is the BY ALAINA LANCASTER BY P.J. D’ANNUNZIO wall before com- same as “assenting” to one, the New The Recorder Of the Legal Staff ing to a stop. The Jersey Supreme Court ruled 5-1 that a fi rm said that the former Pfi zer employee’s discrimination Bayer AG and plaintiffs lawyers have he mother of a young man killed truck driver, Dale claims must be resolved through reached a $1.6 billion proposed agree- while riding in a vehicle that spun Overly, witnessed arbitration and not the courts. ment to resolve the majority of U.S. injury out of control has settled her lawsuit the accident. T NATIONAL claims involving its female sterilization with the vehicle’s owner and the driver for “Mr. Overly NY’s Bar Plan Slammed. 4 device Essure. $4.9 million. stated he was in New York’s plan to administer The settlement includes all jurisdictions Monica Madrazo, mother of Zachary the right-hand an online bar exam in October with high volumes of Essure litigation, Garcia, who died at age 22, received $4.9 EICHEN lane when he was is misguided and inequitable, such as the coordinated cases in California million of a $7 million insurance payout to passed by the vehicle,” court papers said. according to a panel of recent law and lawsuits in the U.S. District Court for her son’s estate and other passengers in the “After passing his truck, Mr. Overly stated graduates, legal educators and state the Eastern District of Pennsylvania, Bayer car, according to the plaintiff’s representa- the vehicle attempted to merge into the lawmakers who convened Tuesday for a reports, resolving about 90% of the nearly tion, the fi rm of Eichen Crutchlow Zaslow. right-hand lane in front of him when it virtual roundtable discussion about the 39,000 total claims that the implant caused The defendants were the owner of the 2007 appeared the driver of the vehicle lost licensing test. side effects such as hair and tooth loss, Toyota Camry at issue, Karin Minkin, and control of the vehicle, which began to IMMIGRATION LAW chronic bleeding, miscarriages and death its driver, Andrew Carlon. spin clockwise, crashed off the rock- of both Essure recipients and their infants. The accident occurred on Interstate 70 wall adjacent to the right-hand travel Permanent Resident Status . 5 With the right strategy and A spokesperson for Bayer declined to East in Brush Creek Township when Carlon lane, flipped one and a half times onto forethought, an LPR should be comment on the settlement, but the com- tried to pass a tractor trailer at a high speed its roof, traveled on its roof across two able to reenter the United States pany stated in a news release that there is during a rain storm, according to the plain- lanes of traffic, and struck the guard rail without abandoning their hard-earned no admission of wrongdoing or liability by tiff’s court papers. on the left side of the road, where it came green card, contributor F. Oliver Yang Bayer in the settlement agreements. At that time, Carlon lost control of the to rest.” writes. Essure continues on 9 vehicle, it fl ipped over, and spun into a rock Accident continues on 10 EMPLOYMENT LAW Trump’s Payroll Tax Deferral . 7 The only thing Lateral Moves Pick Trump’s payroll Remote School Is Now a Marathon, Not tax deferral has managed to do is create another Up in August After Sprint. How Will Firms Support Parents? headache for employers and a mirage for employees, contributors Pauline W. Markey, Ivo Becica and Charlie L. Shute Hiring Slowdown BY DAN PACKEL virtual education, in the vast majority of Jr. write. The American Lawyer cases their children will again be doing at BY SAMANTHA STOKES least some of their learning remotely. INDEX The American Lawyer “Back to school” has a very different But compared with March, when abrupt Classifi ed . 12 meaning in the coronavirus-wracked school shutdowns forced adjustments on Public Notices. 14 After an initial slowdown in Big Law lat- America of 2020 than in previous years. the fl y, fi rms now have the ability to be Legal Listings . 15 eral moves at the onset of the coronavirus While lawyer-parents had hoped that the more deliberate in addressing and easing pandemic, hiring in August remains active. end of the previous school year also meant the anxiety of associates, younger partners Postal ID on Page 8 McDermott Will & Emery; White & Case; an end to juggling work while overseeing Remote continues on 10 Lateral continues on 10 www.TheLegalIntelligencer.com The Amtrak crashes. The Market Street building collapse. Vaginal mesh injuries. Fraternity hazing deaths. Child sexual abuse. Medical malpractice. Power line electrocutions. Aircraft disasters. When the worst happens, we are called on to right wrongs and make our community safer. 2 • THE LEGAL INTELLIGENCER FRIDAY, AUGUST 21, 2020 VOL P. 946 Accountability Offi ce and the Contract She assists both private and publicly experience advising clients in the fi nancial SPEAKERS Boards of Appeals, as well as the Court traded companies in the negotiation of services industry. Maria Panichelli, a partner at Obermayer of Federal Claims and the U.S. Court of employment agreements, severance agree- She is a member of the employee ben- Rebmann Maxwell & Hippel, is set to pres- Appeals for the Federal Circuit and other ments and plans, and director and executive efi ts committee of the American Bar ent Deltek’s webinar, “Size and Status Protests state and federal courts. compensation programs. Association tax section, as well as member Effecting Federal Set-Aside Contracts–Bases Though her practice is not limited to She designs, assists in the implementa- of the Pennsylvania, Dauphin County and and Procedures” on Aug. 25. construction, Panichelli has experience tion of, and analyzes nonqualifi ed deferred Louisiana bar associations. In the webcast Panichelli will cover the with a range of construction-related is- compensation plans, equity compensation She is also part of the National Center small-business protest process. sues such as defective designs; defec- plans and cafeteria plans. for Employee Ownership. Attendees will learn how size and sta- tive specifications; differing site condi- She also provides assistance with the She is director for the Foundation for tus protests differ from bid protests and tions; express, implied and constructive administration, compliance and termina- Enhancing Communities and serves on government-initiated size or eligibility changes; suspensions; delays; and liqui- tion of defined contribution plans, defined the grantmaking committees for the “Arts investigations. dated damages. benefit plans, profit-sharing plans, 401(k) for All” Partnership and the Foundation Panichelli will walk attendees through plans and employee stock purchase plans. for Enhancing Communities. the most common bases for size and McNees Wallace Lieux also advises clients on employee status protests—affiliation and control- & Nurick attor- benefi ts issues arising out of mergers and related issues—and explain the protest ney Renée Lieux is acquisitions, including benefi ts due dili- ANNOUNCEMENTS process, procedures and the eligibility slated to present the gence, negotiating benefi ts-related issues, The Legal is seeking contributing authors criteria for each of the small business webinar “Understand and the merger or termination of benefi t for its weekly In-House Counsel column. programs, including recent changes to a Paralegal’s Role in plans. Articles can cover a broad range of subjects Service-Disabled Veteran-Owned Small Employee Benefi ts She has experience counseling clients but should be of particular interest to in- Business eligibility. Law” for Lorman on ERISA and Sections 409A and 280G of house counsel. Panichelli is the chair of Obermayer’s Education Services the Code. Contact Kristie Rearick at krearick@ government contracting department. LIEUX on Aug. 26. She advises compensation committees alm.com for more information or to submit She focuses her practice exclusively on Lieux will explain the importance of and publicly traded companies and has a proposal. • federal government contracting and pro- paralegals to an effective employee benefi ts curement, guiding her clients through- department and will provide a road map to out the entire life cycle of their federal what is needed to be a productive benefi ts contracts. paralegal on staff. All potential items for People in the News should be She provides legal counseling that al- She will also give insight on how to lows her clients to successfully navigate best utilize a paralegal’s skills to improve addressed to Aleeza Furman at The Legal Intelligencer, the legal requirements related to federal productively. contracting while fulfi lling their own busi- Lieux practices in the McNees labor [email protected] ness goals. and employment practice group where she Panichelli represents her clients be- focuses on executive compensation and fore federal agencies, the Government employee benefi ts. THE LEGAL INTELLIGENCER LIBRARY Save hours of research with high quality legal reference content, updated regularly, with many available in eBook format. Build your legal