Structured Settlements 4Real®Blog 2026
Structured settlements expert John Darer reviews the latest structured settlements and settlement planning information and news, and provides expert opinion and highly regarded commentary. that is spicy, Informative, irreverent and effective for over 20 years.
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Category: Structured Settlement Law
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Bond yields increasing across the spectrum reduce plaintiffs’ CPLR Article 50B net discount rate advantage on structured judgments in New York. A discount rate inversion has served to inflate present values in excess of the actual numbers awarded by the trier of fact, for over a decade.
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Structured settlement expert John Darer discusses the rights and responsibilities of plaintiffs and defendants under New York General Obligations Law §5-1702, a/k/a the New York Structured Settlement Protection Act, in this video podcast
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It’s useful for New York personal injury lawyers, defendants and claims adjusters to know how CPLR Article 50A or 50B impact a case and whether some factors help determine whether a plaintiff should settle their case or simply take a CPLR 50A or 50B structured judgment.
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In the NY Lyons v Medical Malpractice Insurance Association case, plaintiff sued the defendants and their representatives for negligent misrepresentation on the cost of a structure, and the resulting influence on the decision to settle. At issue in the case was who owed a duty of privity to who.
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"Structured settlement" is defined for tax purposes in IRC Section 5891(c)(1) according to Patrick HIndert TSSG Managing Director and co-author Structured Settlements and Periodic Payment Judgments. (from a November 2010 Powerpoint posted on the Internet as of 1/14/2011 6pm EST). But is it? FACT:The definition that appears in IRC 5891(c)(1) is immediately preceded by the…
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CONSTRUCTIVE RECEIPT…Two big words. Add one fatal tax principle. Possible E&O Claim.
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I don’t think it is reasonable to dismiss the anecdotal evidence or personal observations of the settlement planner, structured settlement broker or a personal injury lawyer who has represented hundreds or thousands of plaintiffs
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High effective discount rates are the scourge of sellers of structured settlement payment rights who are forced to sell more of their structured settlement than they need to when there are no others options for raising money.