All employment cases have their own unique facts. Attorneys, employees and employers must carefully consider all consequences concerning the tax ramifications of the settlement of a claim. Given that complex tax laws change often, it may be advisable to also consult with a tax attorney.
The Los Angeles County Bar Association’s Professional Responsibility and Ethics Committee recently issued an advisory opinion addressing the tripartite relationship among insurers, their insureds and defense counsel.
One of the greatest tools a defendant has is the ability to require a physical or mental examination of a plaintiff (“IME”). Following a defense medical examination, a defendant is obligated to produce the IME report upon plaintiff’s written request. However, this also provides the perfect opportunity for a defendant to obtain early disclosure of vital information regarding the identity of plaintiff’s experts and opinions and reports from those experts.