Janet Rubin Fields, Esq.

ERISA

• Mediated a case involving ERISA and the definitions of disability after initial claim and appeal.

Sexual Harassment

• Mediated a dispute where the plaintiff took her cell phone for repair, and the defendant's employee removed explicit photos and videos onto his phone for view. Plaintiff sued the defendant employee and employer on theories of negligent hiring, respondent superior, invasion of privacy, negligent hiring, conversion.
• Mediated an employment case involving sexual harassment with a woman who worked with the company for over 20 years. The settlement included terms of resignation.

Wage and Hour

• Mediated a wage and hour case on the issues of meal breaks involving the trucking industry.

Wrongful Termination

• Mediated a wrongful termination, sexual harassment, and wage & hour case concerning hospital employees.
• Mediated a case involving sexual harassment claims of a long-term female employee by the son of a company owner, concluded in a pre-litigation confidential settlement.
• Mediated an age discrimination suit alleged by a 70-year-old male dialysis nurse employed for seven years. Employee defends termination on failure to document patient files properly.

Bad Faith

• Mediated an insurance bad faith case involving a 90-year-old insured, and his claim for property damage snowballs to millions of dollars.

Coverage

• Mediated an insurance coverage, potential bad faith, breach of contract case where the principal defendant in the underlying case paid the settlement, paid and chased the remaining case on the errors and omission insurance broker and improper AI coverage.

Professional Malpractice Legal

• Mediated a legal malpractice claim brought by a professional athlete, underlying employment wrongful termination case against the sports organization.
• Mediated a legal malpractice dispute with underlying medical malpractice of an amputated index finger of a 35-year-old male.

Home Owners Association

• Mediated an HOA case where parties participated in a mediation and signed a handwritten settlement agreement with general terms, not specifics, and each side was ready to file motions for enforcement or vacating the settlement, including disgorgement of insurance money paid to the homeowner Plaintiffs. The mediator's task was to "amend" and solidify the inadequate original agreement, including a possible buyout of the unit.

Real Property

• Mediated a dispute involving several investors who sued national real estate companies for fraud and unfair business practices involving multi-unit apartment buildings outside California - several sessions culminated in a settlement.

Transaction

• Mediated a lender liability regarding foreclosure on residential real property.

Warranty of Habitability

• Mediated a multi-party warranty of habitability and toxic exposure brought against a vexatious litigant landlord multi-dwelling owner by a pro bono housing rights organization.

Catastrophic Injury

• Mediated a matter involving a minor pedestrian crossing the street in an uncompleted residential planned development sustains TBI claims against the City, Architects, and Developers. Four mediation sessions involving insurance layers and coverage.
• Mediated a matter involving an only daughter who was college-bound and was struck in a crosswalk by a senior with her own family settled with a personal contribution motivated by integrity and honor.
• Mediated a dispute involving a plaintiff in his early fifties who sustained multiple traumas with permanent injuries, including memory loss. Past and future medicals, a life care plan, and a wife who is now his caretaker were considered. This matter was resolved in mediation for an 8-figure settlement.

Defamation

• Mediation involving defamation alleged against a dancer against her protege with a long-time vengeance.

Elder Abuse

• Mediated an elder abuse case against national healthcare service company, breach of contract alleging stealing of Plaintiff's property.
• Mediated a dependent adult abuse, negligence, and wrongful death case - heirs alleged hospital staff neglected the decedent during her hospital stay, resulting in her fall and sustaining a subdural hematoma, leading to her death. Defenses included the decedent having a complex medical history of diabetes, liver failure, seizure disorder, substance abuse, and noncompliance with her treatment.

General Negligence

• Mediated a dispute involving a television news anchor who sustained permanent hair loss from hair color treatment; damages included lifetime hair extensions.
• Mediated a dog bite case involving a pit bull who bit a child, resulting in permanent facial scarring. In mediation, this settled in low seven figures.
• Mediated a dog bite case with punctures and scars to Plaintiff's pelvic area, who was hospitalized for 6 days. The defendants are two celebrities, one of whose dog had known prior dog bites and settled for a confidential amount.

Personal Injury

• Mediated a personal injury on premises case with disputed liability involving a workers' compensation lien and Medicare set aside that was the potential death knee of settlement. Negotiations resulted in the third-party defendant purchasing the worker's compensation lien for past medications and disability. The sticking point resolved was getting Plaintiff's employer to contribute via the worker's compensation vehicle to pay Plaintiff directly a portion of the Medicare set aside to create a self-funded account.

PI Auto

• Mediated a serious injury case with policy limits exposure, which resulted in three mediation sessions in northern California.
• Mediated a dispute involving an extremely difficult Plaintiff with client control issues with six figures in lien meds; a first-party case. The Plaintiff is an independent contractor for a ride-share company with a six-figure insurance policy. Two surgeries were required as a result of a rear-end accident.
• Mediated an auto accident case without a liability dispute, causation issue on damages involving multiple posterior and anterior prolapse repair surgeries, endometrial ablation resulting from vaginal tears, and rectal herniation.
• Mediated a pre-litigation matter where the teenage plaintiff was skateboarding on the back of his friend's truck and fell and sustained a hematoma along with other injuries. He was not wearing a helmet. Primary assumption of the risk issue.
• Mediated this post-verdict 8-figure settlement underlying catastrophic injuries of two brothers. Negotiations involved the tender of layers of insurance towers and an extension on filing the judgment ordered by the court while working with coverage counsel and the client/defendant to protect them from judgment being entered. Having multiple lawyers and adjusters on both sides created point persons for negotiation to eliminate inconsistency. While lawyers worked in front of the scenes, mediators worked behind the scenes to finalize a settlement.

PI Sexual Assault

• Mediated a sexual abuse case against a teacher at a private out-of-state boarding school, pre-litigation mediation for confidentiality.
• Mediated a sexual assault case involving sexual intercourse, oral copulation, and providing narcotics to five minor boys in middle school and high school. The perpetrator is a divorced mother in a rehabilitation facility. The parties agreed to mediate before filing a civil lawsuit. Time-sensitive, funding and emotional issues dominated the negotiations.
• Mediated an undisputed sexual abuse case by a woman who was married with children. The perpetrator was under the influence of alcohol and drugs at the time and had a history of substance abuse issues. Mediation participants included the parents of the victims, the victims, their legal counsel, the perpetrator accompanied by her criminal and civil defending counsel, and the ex-husband accompanied by his personal counsel involving aspects of fraudulent conveyance and family law. The settlement included a 7-figure monetary amount and a letter by parents acknowledging restitution satisfied and no issues with leniency sentencing.
• Mediated a case involving special needs children being transported to and from their school, alleged oral copulation was occurring by an emotionally and behaviorally challenged male student to other students while riding the bus. Allegations include failure to supervise by the bus driver, understaffing by the bus company, and notice. Case settled in mediation for 7-figures.
• Mediated a case involving two female students who alleged sexual abuse against their teacher. After the teacher was fired, he was arrested. The same teacher was then hired by a different school district in another county where a third female student alleged negligent hiring, sexual abuse, and issues of notice.
• Mediated a case involving two males and two females - all adopted by the same foster care family, who alleged daily physical abuse by their foster family over 14 years. As adults, pre-litigation mediation occurred, and the case settled globally in the millions. Mediation involved each of the four young adults meeting individually with the mediator to elaborate in detail in a safe place regarding their discoveries and future plans. Issues included the Referring Agency not carrying enough insurance.
• Mediated a case involving parents of five teenage boys who brought a civil lawsuit in conjunction with the felony count criminal action against a married mother for her lewd sexual misconduct and furnishing controlled substances to minors. After two mediation sessions that included the Defendant's mother, who was in rehabilitation with her criminal and family law attorneys, her now ex-husband, and his family law lawyer on the issue of community property liability and all counsel on the civil matter, the case was settled with private money at a confidential number.

PI Sexual Molestation

• Mediated a sexual abuse matter involving a high school student against a teacher in a unified school district involving multiple defendants. The teacher allegedly had previous complaints and District knowingly provided false letters of recommendation, resulting in him being hired at two schools. Issues included liability, insurance coverage, negligent hiring, and possible jail time. Case settled for a seven-figure amount including personal contribution.
• Mediated a case involving the claimant, a female middle schooler, who claims sexual harassment and bullying by a male student who is the son of a school principal.

Premises Liability

• Mediated a matter involving plaintiffs who were moved out and injured after a contractor commenced moving a foundation from their rental house. The Contractor and Landlord didn't notify the Plaintiffs timely or did the Contractor check to make sure the Plaintiffs were off the premises before moving the foundation.
• Mediated a matter that was entrenched in its fourth week of trial, the parties settled this catastrophic injury case after many early morning and late night discussions involving many layers of insurance for an eight-figure amount.

Toxic Torts

• Mediated allegations of spraying pesticide exposure against significant farm landowners in the State of California.
• Mediated and settled allegations of spray pesticide exposure, against significant farm landowners in California.

Wrongful Death

• Mediated a case where the wife accidentally crushes and kills her husband with her car; children claim wrongful death, insurance policy coverage issues.
• Mediated a wrongful death case of a daughter/girlfriend passenger in a race car at a speedway. Parents sued the speedway, and the speedway cross complained against the boyfriend, who also sued the speedway.
• Mediated a wrongful death case of a son. A seven-figure amount was offered to the parties prior to representation by counsel. No additional coverage needed convincing; additional money by the company outside of the insurance policy settled the case.
• Mediated a case where the plaintiffs were parents of a son who committed suicide off-grounds while a resident at a mental health treatment center. The attorneys involved personally understood this type of tragic loss, resulting in a settlement.