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Talking to your kids about their sports heroes

August 19, 2015 by Ken Levinson Leave a Comment

Searching for truth in the Patrick Kane saga

By now everyone knows the news about Patrick Kane, the Chicago Blackhawks star wingman. Kane is currently under investigation for sexual assault and it didn’t take long for the rumors to spread like wildfire. Over the weekend, I counted dozens of editorial commentaries posted on social media, regurgitating a variation of the same information. That’s not counting local TV and ESPN, either, which was, at times, indulging murky details on an-almost hourly basis.

New information this week from Kane’s driver, an off-duty police officer, suggested he saw no inappropriate contact between Kane and the victim on the night in question. Once again, Kane’s loyalists came to his defense and his detractors went into frenzy. The loyalists (in many ridiculous harangues) ridiculed the accuser as an opportunist; the detractors called the driver’s claim a cover-up. Rumor after rumor, innuendo after innuendo.

My three sons and I are big sports fans. We root for the Bears, no matter how futile they may be. We cheer for the Bulls, no matter how much I long for the Jordan days (coincidentally, MJ has been in court as part of his lawsuit against Dominick’s). We root for the Cubs, who are finally becoming relevant again. And, of course, we cheer for the Blackhawks. This past season we watched proudly as Kane, Patrick Sharp, Marion Hossa and Coach Q hoisted the fabled Stanley Cup on center ice. We watched players make appearances on late night TV. We watched as the team showered in heaps of confetti, and we watched them—for all intents and purposes—turn into bonafide heroes.

These so-called heroes figure prominently for my sons and for other kids around the country. So I was only mildly surprised when, last week, my 10-year-old mentioned Patrick Kane and the words “sexual assault” and “rape” in the same sentence. With all the chatter out there, it seemed inevitable. It was also surreal to hear him speak in “adult” terms.

I’ve handled hundreds of cases in my career, and from the moment we begin the litigation process our objective always centers on the facts; we dismiss speculation because, in the end, only facts matter. The court of public opinion, however, has different standards. Truth is a matter of perception. And for the most ardent Blackhawks fans in this situation, as is clear in some nasty commentary levied against the accuser, it’s also a matter of misguided selfishness. The contention of many Blackhawks fans, if only to win more Stanley Cups, is that Kane is innocent. For others, Kane is as guilty as Ray Rice, where the evidence was indisputable.

It’s hard to reserve judgment. I don’t presume to know the facts of the case. I’m certainly not diminishing its severity. Maybe the bigger issue is how we choose to talk about it, and what our kids are bound to learn in the throes of a 24-hour news cycle. When I spoke with my son about his perception of the case, we tried not to dwell on speculation. I treated him the way I would any client and/or lawyer: Facts first. The truth is what matters.

I’m not sure what happened at Patrick Kane’s home near Buffalo. I’m not sure if he’s innocent or guilty. I’m not sure if he’ll be in a Blackhawks uniform next winter. But I’m sure my son’s thinking about it. As a parent, the best I can do is to make sure he’s thinking about it the right way.

Founding Partner Ken Levinson accepts AAJ leadership roles

August 11, 2015 by Levinson and Stefani Leave a Comment

Levinson and Stefani Founding Partner Ken Levinson.
Levinson and Stefani Founding Partner Ken Levinson.

Levinson and Stefani Founding Partner Ken Levinson has been appointed Chair of the Education Committee of the American Association for Justice’s Interstate Trucking Litigation Group, announced at a recent board meeting. Levinson will serve a two-year term through 2017.

As part of his appointment, Levinson will plan, coordinate and participate in the TLG’s trucking education initiatives, which includes webinars and downloadable audio presentations for trial lawyers, available on its website. Levinson’s goals is to make sure that lawyers representing clients affected by dangerous truck companies have the tools and resources necessary to litigate their cases.

Up next for the litigation group is the Advanced Trial Advocacy College: Litigating Truck Collision Cases, October 7–10, in Dallas, TX. Levinson is thrilled to be part of the lecture and workshop format. Some of the topics discussed include Crafting the Rules and Themes, Truck Driver Depositions, Safety Director Depositions and Opening Statements and Summations.

In other news, Levinson was also elected Vice Chair of the Motor Vehicle Collision, Highway & Premises Liability Section, addressing federal issues and focusing on auto collision cases, truck safety, highway design, low speed impact and premises liability. Levinson will also chair the section’s Practice Resources Committee, which compiles documents such as pleadings, research, expert reports and other information that might be helpful to fellow trial lawyers.

Sgt. Levinson? Ken Instructs Lawyers at Nursing Home Boot Camp

June 19, 2015 by Levinson and Stefani Leave a Comment

Ken - AAJ Nursing Home
Partner Ken Levinson teaches lawyers at the AAJ Nursing Home Boot Camp

Ken, a drill sergeant? No way!  But he is very active in the American Association for Justice, and was honored to be invited to the faculty of Nursing Home Boot Camp.  The 3 day program held in Denver, CO, earlier this month was designed to have experienced lawyers like Ken share their stories and strategies on handling clients’ cases against nursing homes.

The nursing homes are highly regulated, and in many states, nursing homes are owned only by a few very large corporations.  If you or a loved one are injured in a nursing home – or worse – because the nursing home provided substandard care or was negligent, you want to be able to protect your rights and hold the nursing home, its staff, and its ownership accountable.  There is a complicated web of corporate entities and laws to go through in order to accomplish this goal, and having a skilled attorney familiar with how nursing homes operate – for example, how they are staffed, their management structure, and their record-keeping – is extremely important. There are also medical issues that are more common in nursing home patients – like bed sores, elopement (dementia patients wandering away), and injuries from falling while unsupervised.

Handling nursing home cases for people who have been hurt as a result of nursing home negligence is no small undertaking.  Ken was happy to teach other trial lawyers how to better litigate nursing home cases and strongly advocate for their clients.

Ken Opens National Conference on Helping Truck Crash Victims

June 11, 2015 by Levinson and Stefani Leave a Comment

Ken Levinson AAJ Trucking Litigaiton Group Presentation
Ken Levinson presenting at the AAJ Trucking Litigation Group Members Only Seminar in Minneapolis (June, 2015)

Last week in Minnesota, Ken was thrilled to kick off the two day “Members Only” seminar hosted by the Trucking Litigation Group of the American Association for Justice.

The event, which draws top personal injury lawyers from across the country, focused on how truck drivers contribute to catastrophic accidents and taught attorneys what they need to do to provide the best possible representation to their clients in accidents involving truck drivers.

Ken was honored to be on the faculty of such an important program. He taught the lawyers there how to handle the nuanced issues that are part of  a truck accident lawsuit.  Some topics of discussion were:

  • tractor-trailer driver qualifications;
  • truckers driving in dangerous conditions;
  • trucks carrying hazardous materials;
  • “backing,” “under-ride,” and turning cases;
  • how to best represent an injured truck driver as a client;
  • conspicuity cases (safety issues when driving at night),
  • the rules, regulations, and safety issues related to truck drivers’ driving time and sleep time (hours of service); and
  • dealing with trucking companies’ typical excuses for causing a crash.

Ken and the other presenters spoke specifically about truckers and issues unique to people injured by a truck driver. Truck accident cases can involve more complex issues and technical rules compared to a car-verse-car crash case. This is largely because of the many federal requirements in place to monitor trucks and truck drivers so as to ensure the safety of the public. Still, the rules are often broken, and lawyers with knowledge of these different laws and issues particular to the trucking industry are more well-equipped to fight for victims of truck drivers’ negligence.

Ken teaches at NJAJ’s Trucking University

May 8, 2015 by Levinson and Stefani Leave a Comment

Ken Levinson at "Trucking University: Safer Roads, Better Lawyers" at NJAJ Boardwalk
Ken Levinson presenting at Trucking University: Safer Roads, Better Lawyers as part of the NJAJ Boardwalk Seminar 2015

Last week, at the New Jersey Association for Justice’s annual Boardwalk Seminar, partner Ken Levinson was an invited faculty member at “Trucking University: Safer Roads, Better Lawyers.”  He taught the trial lawyers in attendance more effective ways to represent families dealing with serious injury or wrongful death arising out of tractor-trailer collisions.

While sharing some of the ways he’s helped families in truck crash cases, Ken described effective strategies to obtain the appropriate information from witnesses and necessary documentation to prevent the trucking companies from hiding key documents and witnesses.

Plus, with the recent news from automaker Daimler of a self-driving semi truck that is road-ready, attorneys need to stay on the cutting edge of the industry’s developments.

Ken Levinson Presents on Child Injury Lawsuits

March 22, 2015 by Ken Levinson Leave a Comment

Ken Levinson, Levinson and Stefani

Today, I am joining a national group of trial lawyers gathered in Las Vegas, NV, to teach them about handling cases with children injured in motor vehicle crashes.  My presentation, “Maximizing Damages for the Child Plaintiff,” will focus on strategies that attorneys can use in all stages of child injury litigation.

I am honored to once again join top auto-accident attorneys from around the country for Auto Crash Litigation 3.0, put on by Advocacy360.  The conference agenda can be found here.

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