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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.

$4.55 million settlement: Funds support construction worker hurt in on-job accident

Action: Workers’ compensation Injuries alleged: C6-C7 fracture and dislocation resulting in incomplete quadriplegia Case name: Withheld Court: N.C. Industrial Commission Mediator: Gillie Spratt, Charlotte Amount: $4.55 million Date: Jan. 29, 2024 Most helpful expert: Cynthia Wilhelm, Ph.D. Attorneys: Rick Anderson of Sumwalt Anderson, Charlotte (for the plaintiff) Plaintiff, 39, a roofer, was rendered an incomplete quadriplegic after a fall from a rooftop. The carrier accepted plaintiff's claim and paid all medical bills from the date of injury through settlement. The carrier also initiated indemnity compensation immediately following plaintiff's injury at a compensation rate of $400 per week. Plaintiff’s counsel disputed the calculation of plaintiff's average weekly wage and compensation rate. After extensive discovery, the parties entered into a consent order agreeing to an average weekly wage of $1,000 per week and a compensation rate of $666.67 per week. Plaintiff worked tirelessly during his yearlong rehabilitation process to regain strength and function in his upper extremities. At the time of settlement, plaintiff was able to operate his wheelchair, feed himself, place his catheter and perform most of his activities of daily living with minimal to moderate supervision and assistance. The $4.55 million settlement was composed of a $1.34 million lump sum cash payment at the time of settlement plus the purchase of annuities costing $3.21 million. If plaintiff lives a full life expectancy, the annuities will provide $10.05 million in payments. When he was injured, plaintiff lived in an apartment with his wife and two young children. Plaintiff and his wife are using the cash portion of the settlement to build a handicapped-accessible home and purchase a new handicapped-accessible van. The remainder of the settlement proceeds were used to purchase annuities that will provide plaintiff with payments of more than $160,000 per year for the remainder of his life.

$1.5 million settlement: Child dies in crash after lumber truck overturns, spills cargo

Action: Motor vehicle collision leading to wrongful death Injuries alleged: Fatally crushed Case name: Wanda Bailey, Administratrix of the Estate of Noah L Hill v. Jeffrey D. McManus, Stone Wheel Trucking LLC et al Court/case no.: Surry County Superior Court / 23 CVS 382 Amount: $1.5 million High-low agreement: Yes Date: March 18, 2024 Attorneys: H. Brent Helms and Bryan C. Thompson of Robinson & Lawing, Winston-Salem (for the plaintiff); Todd King of Cranfill Sumner, Charlotte; Jeremy Kosin of Teague Rotenstreich, Greensboro; and Christopher Skinner of McAngus, Goudelock & Courie, Raleigh (for the defendant) Insurance companies: Gemini Insurance Co. and Progressive Southeastern Insurance Co. Stone Wheel Trucking was the owner of a 1999 Peterbilt tractor-trailer truck, and Church & Church Lumber was the owner of a 1998 “bolster” trailer. Stone Wheel, Church & Church, and another defendant allegedly operated a joint venture/enterprise. Stone Wheel did not have a trailer that was capable or suitable for transporting lumber in interstate commerce. Church & Church agreed to loan or supply Stone Wheel a trailer and securement devices compliant with the Federal Motor Carrier Safety Regulations. Jeffrey D. McManus was assigned by Stone Wheel to transport the lumber as driver of the truck and bolster trailer. Church & Church’s employees loaded the lumber onto the trailer, but the lumber was not secured with devices that were not appropriate or were defective, worn down, damaged or a combination of these. The tractor-trailer was driven Aug. 10, 2022, on N.C. 67-U.S. 601 instead of the most direct route to its destination, Interstate 77. N.C. 67-U.S. 601 is a curvy two-lane road with a posted speed limit of 55 mph. A warning sign notifies drivers of dangerous curves and recommends a speed of 35 mph to navigate them safely. The logging truck was being driven at about 65 mph. An oncoming 2018 Nissan was being properly driven with the decedent, Noah L. Hill, 4, strapped into a child-restraint seat. McManus lost control of the tractor-trailer on a dangerous curve, causing it to overturn and cross the center line. As a result of the overturning and the improper maintenance of the trailer and the securement devices, the lumber broke free from the tie-downs and spilled into the oncoming lane of travel. It violently crashed into the oncoming Nissan, causing massive, traumatic injuries to the decedent, which led to his pain, suffering and ultimate death.