civil settlement lawyer sexual assault northern virginia

Civil Settlements for Sexual Assault: Location is Everything

When it Comes to Civil Recovery for Sexual Assault, Location is Everything   Public Case Study: SNL and NBCUniversal Sexual Assault Allegations An anonymous plaintiff recently sued a former Saturday Night Live cast member, Horacio Sanz, along with NBCUniversal, and SNL Studios for grooming her, engaging in sexually explicit online conversations, and then sexually assaulting her.   Is there a statue of limitations on Sexual Assault Civil Motions? While such conduct is sadly all too common, Jane Doe’s lawsuit is unique because the conduct that it alleges happened twenty (20) years ago.   New York’s Child Victims Act The inappropriate online conversations took place via AOL Instant Messenger. The lawsuit was filed on August 12, 2021 under New York’s Child Victims Act (the “CVA”), which allows child victims of sex crimes to commence civil lawsuits at any time before they reach fifty-five (55) years of age. It also gave survivors a “look back window” until August 14, 2021 to file claims which had already been time-barred.  Ironically, the CVA was signed into law by none other than New York’s soon to be ex-governor, Andrew Cuomo. Public Case Study: Virginia Giuffre and Prince Andrew Another example of the CVA in action

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On Batson and Being a Black Lawyer

I recently tried the first civil jury trial in the United States District Court for the District of Columbia since the beginning of the COVID-19 pandemic.  While a jury verdict in favor of our client was the most satisfying part of the experience, the most surprising part was that I was able to successfully raise a Batson challenge.   The term “Batson challenge” comes from Batson v. Kentucky, 476 U.S. 79 (1986), a U.S. Supreme Court case which held that peremptory challenges are unconstitutional when used to exclude a potential juror based on race, ethnicity, or sex in a criminal matter.  The Supreme Court expanded Batson to allow private litigants in civil cases to make the same objection in Edmonson v. Leesville Concrete, 500 U.S. 614 (1991).  Batson challenges typically proceed in three steps: 1) The party raising the challenge must make a prima facie showing that a peremptory strike was exercised on the basis of race; 2) The opposing party must respond with a race-neutral basis for the strike; and 3) The trial court must determine whether the party making the peremptory strike has shown purposeful discrimination.   According to the American Bar Association, African American attorneys represent just

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Do Not Let Your Zoom Behavior #Cancel Your Job

Americans have been dealing with the impact of the COVID19 pandemic for over a year now.  Home offices, remote workspaces and virtual meetings via Microsoft Teams, Zoom, Webex and Google Meet are now a part of everyday life.   We have seen famous people caught up in Zoom mishaps of a sexual nature (we’re looking at you Jeffrey Toobin) and we have seen not so famous people inadvertently expose their coworkers to intimate details of their lives in virtual spaces. As people get comfortable with working and socializing virtually, many employers are forced to confront a familiar issue:  Racism.     On March 11, 2021, Matt Rowan, used racial slurs during a live broadcast of the Oklahoma 6A state basketball tournament. While the broadcast paused for the playing of the National Anthem, Rowan could be heard off camera mumbling to his co-broadcaster:   “They’re kneeling?  F*cking N*ggers!  I hope Norman gets their ass kicked.  F*ck them.  I hope they lose.  Come on, Midwest City—they’re gonna kneel like that?  Hell no.”   Rowan, a diabetic, blamed spiking blood sugar for his outburst.  The school districts in question are not using Rowan’s company to broadcast future games.   On February 21, 2021, two Georgetown University

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Help! I Just Saw My Employee on Television Storming the Capitol. Can I Fire Him?

        January 6, 2021 was already going to be a momentous day because a joint session of the United States Congress was set to count Electoral College ballots, officially signaling President-Elect Joe Biden’s victory over President Donald Trump in the highly contested 2020 presidential election. The momentous day turned tragic as pro-Trump protestors breached multiple Capitol Police perimeters and occupied, ransacked, and vandalized the United States Capitol for several hours. Like any newsworthy event of the 2020s, millions around the world watched television cameras, smart phone images, and videos of the violence unfold. In the following days and hours, many of the perpetrators were identified through social media and employment lawyers got the call: “Help! I just saw employee x on Fox News running through the Capitol. Can we fire him?”   An employee of Navistar Direct Marketing (“NDM”), a Maryland company, was terminated after being photographed wearing his company badge inside the U.S. Capitol during the security breach. NDM put out a statement:   “While we support all employee’s right to peaceful, lawful exercise of free speech, any employee demonstrating dangerous conduct that endangers the health and safety of others will not longer have an employment

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OnlyFans in the Workplace

Sex and the workplace usually don’t mix well.  In these days of virtual work from home, sex continues to be an issue, even with fewer employees in the workplace.   OnlyFans is a content subscription service where content creators earn money from users (i.e. “fans”) who subscribe to their content.  Celebrities like Michael B. Jordan, Black Chyna, Cardi B, and Bella Thorne have made thousands, and sometimes millions, of dollars from posting content to OnlyFans.  OnlyFans is also popular with sex workers who post pornographic content.  Any adult can make an OnlyFans page and the subscription service pays out 80% of earnings while keeping 20% as a fee.  The specter of easy money combined with a global recession means that many employees have been supplementing their incomes through OnlyFans.   Recently, a 24-year-old female mechanic from Indiana was terminated after her male co-workers discovered her OnlyFans page and began watching her “adult” videos at work. The mechanic complained of harassment from male employees after they discovered her OnlyFans page.  She also admitted to sharing some photos in her company uniform and some taken on Company property.   On December 12, 2020, the New York Post outed a 23-year-old female EMT employed by SeniorCareEMS in New York City for having an “adult”

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