June 29, 2016 Domestic violence victim Jennifer Kershaw received an award of more than $21 million in damages from a jury in Franklin County, Ohio. According to Michael King, attorney for the plaintiff, the case sends abusers a strong message that they will be held accountable for their actions and that these crimes will not be tolerated. Kershaw, who went by her married name of Jennifer Bailey, suffered regular abuse from her husband. When the first-grade teacher visited the emergency room with multiple cuts and bruises, a swollen eye and a broken cheekbone, medical personnel contacted the authorities. Despite her refusal to press charges, the courts convicted Jerry Bailey of a misdemeanor. He spent two days in jail, paid a $100 fine and was placed on probation for two years. Kershaw didn’t think that the sentence was strong enough and reasoned that if she had she been assaulted by a stranger, he would have received more stringent sanctions. Kershaw decided Bailey, and others like him, should be held responsible for their behavior and suffer real consequences. Kershaw sued her abusive, now ex-husband in civil court for assault and battery and intentional infliction of severe emotional distress. When the judge announced the $1.58 million compensatory damage award, Kershaw, overwhelmed with emotion, missed the rest of the judge’s statement. After the initial shock, Kershaw realized that she had also been awarded $20 million for punitive damages . Because of Ohio laws limiting the amount of money that can be given for non-economic and punitive damages, Kershaw’s actual award will come to about $3.5 million, an amount that King believes is too low when compared with the original award. Bailey did not appear in court and did not have an attorney representing him during the civil trial. The landmark represents one of the first in Ohio for a favorable ruling for the domestic violence victim against an abusive spouse. Kershaw, who felt like her husband had controlled her life, filed the lawsuit as a means of empowerment for herself and other domestic violence victims. Although the legal battle was “gut-wrenching” and brought back memories Kershaw had tried to forget, she can move forward with the healing process, knowing the difference that she has made in the lives of many abused women. Despite the drastic reduction in the financial compensation to the victim, the courts sent a strong message regarding civil liability in a domestic violence case. Larry Bellomo is an Orange County attorney with over three decades of experience practicing Family and Bankruptcy Law.
June 19, 2016 Drew Barrymore, 41, and Will Kopelman, 38 , have called it quits after nearly four years of marriage. In June 2012, the couple wed at Barrymore’s Montecito mansion and soon after, became the proud parents to beautiful daughters, Olive and Frankie. The pair seemed determined to make their married life work despite rocky pasts and busy schedules. During an interview in the fall of 2015 , Barrymore shared how she and her husband compromised on numerous issues to make their relationship stronger. She expressed her option that compromise could benefit both parties. Unfortunately, their efforts failed to keep the couple together. Although their marriage has ended, Barrymore and Kopelman remain committed to co-parenting and staying a family. Although Barrymore confessed that she and her now estranged husband are “polar opposites” when communicating their likes and dislikes, Barrymore respects Kopelman as a person and as the father of the children. The decision of where to live may have been one of the issues facing the couple who shared houses on both coasts – one outside of Los Angeles and the other on the Upper East Side of New York City. Barrymore’s schedule, including her acting, writing and producing career; her makeup line, Flower Beauty; her winemaking business, Barrymore Wines; and mothering two- and three-year-olds, keeps her overwhelmingly busy. Kopelman also boasts a successful career as an art dealer and advisor in addition to his role as a loving father. Sources mention that the now exes were headed in different directions and did not rush into this decision. In an interview, Barrymore expressed the pain related to the divorce , stating that she feels like a failure. Her saving graces, her friends and fans, help considerably through this rough season of life. As Barrymore continues to put one foot in front of the other, at the advice of a longtime and trusted friend, she finds that life does go on. Looking forward to raising her children and enjoying her “girlfriend” time, Barrymore foresees an amicable relationship with Kopelman. Children complicate a divorce as parents struggle to resolve their issues amicably. Larry Bellomo is an Orange County Family Lawyer who has practiced divorce law for over 30 years. For help with the resolution of parenting schedules and other family law matters, contact our law firm for assistance.
June 5, 2016 A Southern California jury found a now-divorced couple both guilty of planting drugs in the car of another woman , a former PTA school president. What started as a minor conflict in the parking lot of an Irvine, CA, grade school ended in the courtroom with a guilty verdict for Kent and Jill Easters and a $5.7 million award for Kelli Peters in civil damages . Although Peters claims it was never about the money, the ruling allowed her to walk away with a sense that justice served. She believes that the courts sent a strong message that it is not okay to wreak havoc in the life of an innocent person. If they had shown remorse or offered an apology, she mentioned that she never would have taken the case this far. Peters feels that the ruling brought her closure after years of dealing with the emotional pain inflicted by the Easters. The problem started in 2010 when Jill Easter did not find her son in the parking lot ready for pick-up upon her arrival. She became upset, and Peter’s offhand comment that maybe he was “slow lining up” made matters worse. Easter left offended as she felt the remark insulted her son’s intelligence. The situation intensified when Easter alleged that Peters was stalking her and tried to have Peters removed from her position. In 2011, the police received a phone call, later discovered to be Kent Easter using a phony accent, about a parent driving erratically through the school’s parking lot. Peters was detained and her car searched, revealing marijuana and pills. Shocked and humiliated, Peters began the process of proving her innocence and unraveling the mystery. Five years later, it took the jury less than an hour to deliberate and find that Kent and Jill Easter acted maliciously when they framed Peters. Up to the end, Kent Easter argued that Peters embellished her story and exaggerated the pain she suffered to gain monetary compensation well beyond that which she deserved. Even if a person was not convicted in a criminal case, a jury might still find them guilty in a civil lawsuit. If someone has harassed you or damaged your reputation, contact us for professional help with your case.
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January 28, 2018 According to an October 27, 2017, announcement, the Los Angeles jeans company, True Religion, exited Chapter 11 bankruptcy with about $357 million less debt, debt maturities extended, cash to implement a growth plan and a positive outlook for the future. The company emerges with a reduced retail footprint and an exit loan of $60 million from Citizens Bank, the same bank that provided the initial cash during the reorganization process. At the peak of the company, True Religion jeans were selling anywhere from $150 to $250 a pair at their nearly 140 stores and online. The brand also sold at upscale department stores, such as Bloomingdales, Saks Fifth Avenue and Nordstrom and at other locations in the U.S., Mexico and South America. Around 2013, True Religion, like many other apparel stores, struggled for success, watching sales decline as it competed with the internet, online shopping and competing discount retailers. The rapid growth in the trend of athletic wear for leisure caused the sales of blue jeans to quickly decline. Behind $192,000 on rent for its California office headquarters and drowning in major debts owed to creditors, manufacturers, U.S. Customs and Border Protection and malls around the country, True Religion filed for bankruptcy on July 5, 2017, in a U.S. Bankruptcy Court in Delaware. At the time of filing, the company had 128 stores in the United States and 11 stores outside the country. The company made some major changes, hiring John Ermatinger as CEO and president and bringing on a new chief marketing officer and a new vice president of sourcing. They also reduced costs, streamlined processes and closed unprofitable stores. John Ermatinger publicly thanked the company’s supporters — consumers, employees, vendors and suppliers — for their ongoing commitment and devotion to True Religion. He expressed his excitement regarding the future of the company, which includes implementing new growth strategies through innovative partnerships, expanding True Religion’s digital presence and refining its marketing operations. You do not have to be a major corporation to file bankruptcy , Like in the case of True Religion, bankruptcy allows individuals to emerge in a better financial position than before. Our legal team can help you navigate through these difficult times.
January 16, 2018 A Fresno State professor who intimidated a pro-life group was ordered to pay $17,000 and attend training on the First Amendment. He was recorded on video in an attempt to harass pro-life students who were drawing with chalk on the sidewalk. He also asked students from his public health class to assist him in his efforts. He claimed they were outside of the campus free speech area, but no such area has existed on campus since 2015. The sidewalk messages suggested pro-life options for students. The president of the club stated that the First Amendment gives students the right to speak on campus. She documented an incident between herself and the professor on video. He can be heard telling her that she is not in a free-speech area. However, she claimed that she had school permission to be there and to be speaking. The professor began erasing the sidewalk messages with his shoe. He told her that she did not understand the areas where free speech was permitted on campus. Alliance Defending Freedom acted as legal representation for the group, the Fresno State Students for Life. The professor must pay $1,000 to the president and $1,000 to another student as well as legal fees. However, he said that the money was paid by his insurance company, so he is not concerned about the legal fees. He does not admit to any wrong actions but is willing to attend the training so that he can learn the opinions and thoughts of others. The president expressed her relief that he will not be able to harass them again and explained that the case was not about winning money. She was extremely surprised at his actions, especially on a public campus. She further opined that professors should encourage and not prohibit free speech. Legal counsel for the pro-life group stated that the professor’s behavior flagrantly violated the First Amendment He added that school officials do not have the right to restrict freedom of speech on campus. The school did not comment about the case. If you believe that your First Amendment rights have been violated, you will need experienced legal representation to defend you. Contact us so that we can discuss your case.
January 5, 2018 The complexities of any divorce include dividing money, property and assets between both parties. While this might not be as complex for a millennial as it is for a couple who has spent their lifetime acquiring possessions, both types of divorce require finding a qualified family lawyer to deal with the personal issues. Legal experts report that stereotypes claim that other generations are more loyal than millennials who don’t really value traditions. She continues that even though they wait to marry, they still place a high priority on the institution. However, she added that they will not tough out a relationship the way their parents did. This by no means makes a divorce any easier for millennials. They feel just as hurt and disappointed as any others who divorce , but their outlook for the future tends to be more optimistic. Although marriage rates in the U.S. continue to decline, divorce rates are also dropping. Millennials delay marriage until later in life, placing an emphasis on education and careers before taking this significant life step. Millennials tend to be more open to diverse relationships, including living together. In the past, prenuptial agreements held a negative connotation as if one of the parties expected the marriage to end. The more-practical millennials, who prioritize acquiring and preserving wealth, see the prenup as a planning tool and communication map to manage financial expectations and interests. Creating a prenup with a lawyer realistically deals with the uncertainty of the future and helps a couple draft specific plans. Millennials choosing to live together instead of marrying can benefit from an attorney’s expertise when drawing up a cohabitation agreement, protecting both parties and their assets in case the relationship ends. When couples know the laws regarding cohabitation , marriage and divorce in their state, they tend to be ready for even unexpected contingencies. Whether a couple plans to cohabitate, marry or file for divorce, planning for a big relationship step helps the individuals prepare for the future, no matter what happens in the marriage. Consulting with a knowledgeable, experienced family lawyer sets up both parties for success.
December 23, 2017 The 32-year-old mother entered the high rise in downtown Memphis as a memory tugged at the far corners of her mind. Suddenly, it came to her. She had been in this very building with her own mother for the same purpose — to file bankruptcy . She anguished over the decision but a court order had recently enforced a judgement against her that allowed a company to seize a portion of her check. With her struggle to make ends meet, the judgment would put an unbearable strain on her already overburdened finances — the proverbial straw that broke the camel’s back. Despite the stigma, she decided that bankruptcy would stop the vicious cycle of juggling bills each month so that she could now start fresh. She even dreamed of becoming a homeowner one day. While the U.S. Bankruptcy Court for the Western District of Tennessee in Memphis funnels millions of dollars to the court, the lawyers and the creditors, the debtors for whom the entire system exists don’t fare so well. The clients are stuck in a vicious cycle. Most people choose to file Chapter 7, which allows the person to start over from square one without seizing any debts. In contrast, Chapter 13 requires monthly payments while stopping car repossessions and home foreclosures. This method is most common in the South and was what this mother chose. She didn’t understand the difference between the two. However, filers who opt for Chapter 13 must continue making payments for five full years. Most cannot even last 12 months under the program. These individuals went through each and every step of the bankruptcy — paying filing and legal fees and dealing with a seven-year blemish on their credit record — but do not ultimately benefit from the program. Once they have defaulted, they revert back to all unpaid debts with interest rates higher than ever. When comparing Caucasian filings with African-American filings, the latter usually file under Chapter 13 but cannot complete the program. Some return for repeat filings, with a few filing Chapter 13 up to 20 times during their lifetimes. They view bankruptcy as a last resort. If you are considering bankruptcy, talk to our knowledge attorneys about which options — Chapter 7 or Chapter 13 — is best for you.
