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US to pay $138.7M to Nassar’s victims

DETROIT — The U.S. Justice Department announced a $138.7 million settlement Tuesday with more than 100 people who accused the FBI of grossly mishandling allegations of sexual assault against Larry Nassar in 2015 and 2016, a critical time gap that allowed the sports doctor to continue to prey on victims before his arrest. When combined with other settlements, $1 billion now has been set aside by various organizations to compensate hundreds of women who said Nassar assaulted them under the guise of treatment for sports injuries. Nassar worked at Michigan State University and also served as a team doctor at Indianapolis-based USA Gymnastics. He's now serving decades in prison for assaulting female athletes, including medal-winning Olympic gymnasts. Acting Associate Attorney General Benjamin Mizer said Nassar betrayed the trust of those in his care for decades, and that the "allegations should have been taken seriously from the outset." "While these settlements won't undo the harm Nassar inflicted, our hope is that they will help give the victims of his crimes some of the critical support they need to continue healing," Mizer said of the agreement to settle 139 claims. The Justice Department has acknowledged that it failed to step in. For more than a year, FBI agents in Indianapolis and Los Angeles had knowledge of allegations against him but apparently took no action, an internal investigation found. FBI Director Christopher Wray was contrite — and very blunt — when he spoke to survivors at a Senate hearing in 2021. The assault survivors include decorated Olympians Simone Biles, Aly Raisman and McKayla Maroney. "I'm sorry that so many different people let you down, over and over again," Wray said. "And I'm especially sorry that there were people at the FBI who had their own chance to stop this monster back in 2015 and failed." After a search, investigators said in 2016 that they had found images of child sex abuse and followed up with federal charges against Nassar. Separately, the Michigan attorney general's office handled the assault charges that ultimately shocked the sports world and led to an extraordinary dayslong sentencing hearing with gripping testimony about his crimes. "I'm deeply grateful. Accountability with the Justice Department has been a long time in coming," said Rachael Denhollander of Louisville, Kentucky, who is not part of the latest settlement but was the first person to publicly step forward and detail abuse at the hands of Nassar. "The unfortunate reality is that what we are seeing today is something that most survivors never see," Denhollander told The Associated Press. "Most survivors never see accountability. Most survivors never see justice. Most survivors never get restitution." Michigan State University, which was also accused of missing chances over many years to stop Nassar, agreed to pay $500 million to more than 300 women and girls who were assaulted. USA Gymnastics and the U.S. Olympic and Paralympic Committee made a $380 million settlement. Mick Grewal, an attorney who represented 44 people in claims against the government, said the $1 billion in overall settlements speaks to "the travesty that occurred."

Judge orders Florida State, ACC into mediation

TALLAHASSEE, Fla. — A Tallahassee judge has ordered Florida State and the Atlantic Coast Conference to enter mediation in hopes of settling a high-profile lawsuit that could dramatically impact the future of the league. Judge John C. Cooper technically approved the ACC's motion to dismiss Monday but gave FSU seven days to amend its complaint because the university needs more specificity regarding key facts in a case he said "is worth up to half a billion dollars." The conference would have 20 days to respond afterward, and another hearing would be set. "The case is not over," Cooper said. "The case will continue." Cooper ordered the sides to begin mediation within 120 days. But a mediator cannot force an agreement, so the case could end up back in court. "I send every case to mediation except mortgage foreclosures," Cooper said. "This is not being done any differently." The Seminoles are pushing to exit the ACC and explore a more lucrative landing spot, potentially the Big Ten Conference. The hearing Monday was the latest in dueling lawsuits lodged in December. They include back-and-forth arguments pertaining to jurisdiction, a highly guarded grant-of-rights agreement between member schools and the league, and a confidential TV deal between the ACC and ESPN. The ACC wants the case heard in Charlotte, where the league is headquartered, and doesn't want the broadcasting contract made public. Florida State wants to move the venue to Tallahassee and prefers the documents be unsealed for financial transparency. FSU had been signaling discontent for a year about the ACC falling further behind the Big Ten and the Southeastern Conference in payouts even while raking in record revenues. The ACC's revenue increased to nearly $617 million during the 2021-22 season, with an average distribution of nearly $39.5 million per school for full members. Still, that leaves ACC schools receiving about $10 million a year less than SEC schools even though ESPN is partnered with both leagues in broadcast deals. Clemson, another ACC school, has joined FSU in challenging the ACC's right to charge hundreds of millions of dollars to leave the conference. Clemson's complaint filed in South Carolina said the ACC's "exorbitant $140 million" exit penalty and the grant of rights used to bind schools to a conference through their media rights should be struck down. Neither Clemson nor Florida State has filed formal notice to withdraw from the ACC.

$34.6 million verdict: Patent infringement case protects, rewards SC company

Action: Infringement Injuries alleged: Patent infringement with trade dress allegations Case name: GeigTech East Bay LLC v. Lutron Electronics Inc. Court/case no.: U.S. Southern District of New York / 18 civ 5290 Judge: Colleen McMahon Amount: $34.6 million Date: March 15, 2024 Most helpful expert: Douglas Kim, patent attorney, of Kim, Lahey & Killough, Greenville Attorneys: Gary Sorden of Cole Schotz, Dallas (for the plaintiff); Scott W. Breedlove of Carter Arnett, Dallas (for the defendant) GeigTech East Bay, a South Carolina company that makes modern window shades, obtained U.S. Patent No. 10,294,717, for a "shade bracket with concealed wiring" on May 21, 2019. The patent was originally filed by Richard J. McKenna of Foley & Lardner, Milwaukee, and obtained by Douglas Kim, a registered patent attorney, of Kim, Lahey & Killough, Greenville. GeigTech filed a federal patent infringement complaint with trade dress allegations against Lutron Electronics Co. Inc. One of the tactics Lutron used to try to invalidate the patent. However, the patent written by Kim withstood two challenges in the United States Patent Trial and Appeal Board and a jury trial. On March 12, the jury returned a verdict stating that Lutron had infringed on GeigTech’s patent and awarded $34.6 in damages. According to the jury verdict form, “Lutron opted to poach (GeigTech’s) patented designs and intellectual property to try and remain competitive in a segment of the market that (GeigTech) cornered.” As the finding of infringement was willful, GeigTech can ask the judge to triple the damages.

Defense verdict: Jury turns back lawsuit from pandemic-inspired claim

Action: Breach of contract and violation of South Carolina Unfair Trade Practices Act Injuries alleged: Breach of contract, unfair trade practice act, breach of warranty Case name: HHBC Inc. v. Jamis Bicycles Court/case no.: Beaufort County Common Pleas / 2021-CP-07-00143 Judge: Bobby Bonds Injuries alleged: $1.03 million (subject to tripling and addition of attorney’s fees to an estimated $4.5 million) Date: March 19, 2024 Most helpful expert: George Durant, CPA, Columbia Attorneys: Ashley Twombley and Thomas Iandoli of Twenge + Twombley, Beaufort (for the defendant); John Bowen of Laughlin & Bowen, Hilton Head (for the plaintiff) In 2021, plaintiff Hilton Head Bicycle Co. sued Jamis Bicycle Corp., alleging defendant breached a bicycle supply contract and caused plaintiff more than $1 million in damages. Plaintiff further alleged that the manner in which defendant breached the contract violated the South Carolina Unfair Trade Practices Act, allowing plaintiff to seek treble damages and attorney’s fees. The total exposure was estimated to be $4.5 million. A central issue at trial involved the unforeseen effects of COVID-19 pandemic on the supply chain, and whether these effects excused defendant from the alleged breach. This is one of the few known jury verdicts dealing with the unforeseen effects of COVID-19 and the South Carolina Uniform Commercial Code’s “commercial impracticably” provisions. Another central issue involved plaintiff's alleged damages, which were ultimately limited by the trial court judge before being presented to the jury. When plaintiff’s damages were presented to the jury, defendant alleged plaintiff’s damages claims were not supported by sufficient documentation (a calculation methodology, receipts, invoices, etc.) and amounted to little more than a homemade list of numbers set forth on a single sheet of paper. In closing arguments, plaintiff’s counsel Ashley Twombley argued, “My children have prepared Christmas list with more detail than this wish list prepared by .” After a six-day trial, the jury returned a unanimous verdict in favor of defendant, concluding it did not breach the contract, and that plaintiff was not entitled to any damages.