A defendant should say what they want to pay and if the court agrees, then they should pay what they say.
Painesville, OH (Vocus) October 12, 2010
Dworken & Bernstein Co., L.P.A., a law firm located in Painesville/Cleveland, Ohio is working hard to see that unclaimed class action funds be distributed to charities throughout the state. Over the past four years, Dworken & Bernstein Co., L.P.A., located in Lake County, has distributed over $20 Million Dollars in just their firm’s cases to charities throughout the state of Ohio. House Bill 427 and Senate Bill 157 would allow for these funds to go charity, unless provided by court order. As it stands now, any funds that are not claimed, and that often is a considerable amount, reverts back to the defendant. Dworken & Bernstein’s position is that a company that publicly announces it has freely agreed to pay some amount to resolve a claim should pay what they agree to. 'Truth in Settlement' is what this legislation has been called by supporters.
This is one of many issues left dangling by the Ohio House and Senate this summer. This creative idea would help so many charities aid those that need it the most in today’s extremely difficult economic times. The legislation is sponsored by pro-business Republicans Tim Grendell, Bill Seitz and Tom Patton in the Senate and Democrat Mark Schneider in the House.
Attorney and Partner, Patrick J. Perotti rediscovered the legal principle called cy pres, a French term that basically means coming as near as possible to the intended benefit. 'Expecting defendants to pay what they promised is only fair' says Perotti. 'There are six other states that have this type of legislation. It’s proven that it has not affected the business climate or charitable contributions in those states.'
In a settlement, the two sides agree on an amount of compensation they think is fair. 'No one makes a defendant agree to a settlement. It's a voluntary deal -- a deal, it's worth noting that is announced to the public with a dollar figure attached' Perotti adds. “A defendant should say what they want to pay and if the court agrees, then they should pay what they say.”
Dworken & Bernstein Co., L.P.A. is the largest law firm in Lake, Geauga and Ashtabula Counties, Ohio with offices in downtown Cleveland. Dworken & Bernstein offers a full range of legal services for businesses, individuals, and families in litigation and transactions. Dworken & Bernstein is the largest law firm in Lake, Geauga, and Ashtabula Counties with 23 attorneys and a staff of 65.
For more information, visit http://www.dworkenlaw.com.