Structured Settlement & Periodic Payments in NY-Webcast - CANCELLED
Monday, November 16, 2009
12:00 p.m. - 2:00 p.m.
(Eastern Time)
CLE Webcast/Webconference
2.0
MCLE
Credits
Register
online
Presenters
E. Stewart Jones, Jr., Esq.
The E. Stewart Jones Law Firm, PLLC
Anthony H. Riccardi
Principal of AHR Associates
Forensic Actuary and Economist
Structured Settlements and Periodic Payments in
New
York:
A Unique and Complex System for Tort Awards
In New
York, law makers have
instituted structured judgment laws concerning the nature of periodic
payments that will be received by plaintiffs who have won awards in
wrongful death and personal injury actions. Originally instituted in
1986 with other tort reforms, the New York rules spelled out two assessment methodologies. Earmarked for
either medical malpractice, CPLR 50-A, or general liability cases, CPLR
50-B, the respective methodologies were designed to convert large jury
verdicts into a recovery distribution of a single lump sum payment and
periodic annuity benefits to an injured plaintiff and a lump sum fee to
the plaintiffs attorney. Settlements are not strictly speaking, bound by
these rules. Only when there is no settlement before trial, and a
verdict is rendered, will it be required that a judge – usually
after hearing expert testimony – must decide how the verdict will
be distributed.
The original legislation only
nominally separated medical malpractice from general liability cases
and, as a result, the methodologies remained virtually identical and
unchanged until 2003. Though no changes were made to the CPLR 50-B
methodology for general liability case assessments, the CPLR 50-A
medical malpractice methodology changed, substantially, due largely to
pressure from the medical lobbies.
This program will provide
some detail to enlighten those who practice in either the interests of
plaintiffs or defendants, by identifying the idiosyncratic advantages
that serve those separate interests.
For Plaintiff
Practitioners:
An assessment of a CPLR 50-B case will be presented,
illustrating how the determination of a potential verdict’s
present value ostensibly meets the New York Pattern Jury
Instructionsand “accepted
actuarial practice” requirements, notwithstanding certain
practical contradictions that will increase the case settlement
value.
For Defense
Practitioners:
A demonstration assessment will
be made of a CPLR 50-A case, showing how the medical lobbies’
efforts have effectively reduced the present value of large damages
verdicts in medical malpractice litigation and, thus, forced case
settlements downward, for actions commenced after July 2003.
Structured Settlements and Periodic Payments in New York:
A Unique and Complex System for Tort Awards
Monday, November 16, 2009
12:00 p.m. - 2:00 p.m.
(Eastern Time)
CLE Webcast/Webconference
2.0
MCLE Credits
What is a CLE
Webcast/Webconference?
A Webcast is a live Internet broadcast, with audio
and video streaming of a seminar from which you may receive MCLE credit.
You can participate in the program from the comfort of your home or
office, without having to travel to a seminar site. The webconferencing
feature allows you to ask questions of the speakers live
online.
What do I need
to participate in a Webcast/Webconference?
• A high-speed Internet connection
• A computer with sound card and
speakers
• A recent version of Acrobat Reader in order to download and view
materials
How will I
receive written materials?
Connection information will be emailed to you 24
hours before the program begins. The written materials are available for
viewing online during the seminar, or, if you prefer, you can download
them and print them before participating in the seminar. All registrants
will be forwarded a web link to access the program and course materials.
If you would like a hard copy of the written materials mailed to you,
please contact the CLE Registrar.
Will I be able
to ask questions?
During the seminar, attendees may submit questions
to the speakers via the Internet, and the speakers will answer the
questions during their presentation.
How will I
receive my MCLE certificate?
In order to receive MCLE credit, you must stay
online throughout the seminar. Your connection and disconnect times are
monitored by our conferencing provider. During the seminar, the speaker
will announce a program code. You will need to write down the code on
the MCLE Listener Verification Form and mail in the form to receive MCLE
credit. You will receive your official MCLE Certificate in about
2-4 weeks by mail in an envelope marked “MCLE Certificate
Enclosed.”
*Please note that newly admitted attorneys cannot
receive credit for their participation in CLE webconferences and
webcasts.
Please note - You will need to
login with your member record or create an online web record to
register.
Forgot your login? Call
the Records Department at (518) 487-5522.
For a list of upcoming CLE webcasts/webconferences, teleconferences and
webinars - click here.
For a complete list of NYSBA programs, meetings and
events - click here.
The last day to pre-register online was November 16, 2009.
Members, please login to get member discounts.
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$75.00
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$125.00
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