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How United’s Settlement With Dragged Flier Plays Out Tax-wise
May 18, 2017
Dr. David Dao, who received an undisclosed settlement from United Airlines after being violently dragged off a flight earlier this month, won’t be roughed up by the Internal Revenue Service: He won’t owe any taxes on the payout. The IRS allows for the tax-free treatment of personal-injury settlements if they’re awarded for personal physical injuries. Dao, who had boarded a Louisville, Kentucky-bound flight at Chicago’s O’Hare International Airport, sustained a concussion, broken nose and lost...
May 18, 2017
Dr. David Dao, who received an undisclosed settlement from United Airlines after being violently dragged off a flight earlier this month, won’t be roughed up by the Internal Revenue Service: He won’t owe any taxes on the payout. The IRS allows for the tax-free treatment of personal-injury settlements if they’re awarded for personal physical injuries. Dao, who had boarded a Louisville, Kentucky-bound flight at Chicago’s O’Hare International Airport, sustained a concussion, broken nose and lost...
California Supreme Court Invalidates Citibank Arbitration Provision Requiring Waiver of Right to Seek Public Injunctive Relief
May 18, 2017
The Supreme Court of California has ruled a predispute arbitration provision that requires a consumer to waive the right to seek public injunctive relief is unenforceable. In McGill v. Citibank, N.A., No. S224086 (Cal., April 6, 2017), a California woman, McGill, opened a credit card issued by Citibank in 2001. At the time she opened the credit card account, McGill also agreed to purchase the bank’s credit protector plan designed to waive her credit card balance in the event of her unemployment,...
May 18, 2017
The Supreme Court of California has ruled a predispute arbitration provision that requires a consumer to waive the right to seek public injunctive relief is unenforceable. In McGill v. Citibank, N.A., No. S224086 (Cal., April 6, 2017), a California woman, McGill, opened a credit card issued by Citibank in 2001. At the time she opened the credit card account, McGill also agreed to purchase the bank’s credit protector plan designed to waive her credit card balance in the event of her unemployment,...
Lex Machina: Q1 2017 Fewest Patent Infringement Cases Since Q3 2011
May 18, 2017
On April 12th, legal data analytics firm Lex Machina released a litigation update report for the first quarter of 2017 which highlights trends in intellectual property suits being filed in U.S. district courts. One of the key findings is that only 938 patent infringement actions were filed in district courts during the recent quarter, a total which is the lowest for a single quarter since the third quarter of 2011 when only 921 such cases were filed. Although that data point sounds significant,...
May 18, 2017
On April 12th, legal data analytics firm Lex Machina released a litigation update report for the first quarter of 2017 which highlights trends in intellectual property suits being filed in U.S. district courts. One of the key findings is that only 938 patent infringement actions were filed in district courts during the recent quarter, a total which is the lowest for a single quarter since the third quarter of 2011 when only 921 such cases were filed. Although that data point sounds significant,...
Settlement Reached in Connecticut Christmas Fire That Killed 5
May 17, 2017
A Connecticut city on Tuesday announced that it has settled a lawsuit filed by the family of three girls who died in a Christmas morning house fire that also killed their grandparents. Terms of the settlement announced by Stamford legal affairs director Kathryn Emmett were not disclosed, but include a $250,000 donation from the city to a charity or school to be determined by the girl’s family.
May 17, 2017
A Connecticut city on Tuesday announced that it has settled a lawsuit filed by the family of three girls who died in a Christmas morning house fire that also killed their grandparents. Terms of the settlement announced by Stamford legal affairs director Kathryn Emmett were not disclosed, but include a $250,000 donation from the city to a charity or school to be determined by the girl’s family.
Tilley on Tort Theory
May 17, 2017
Cristina Tilley has posted to SSRN Tort Law Inside Out. The abstract provides: For more than a century, scholars have...
May 17, 2017
Cristina Tilley has posted to SSRN Tort Law Inside Out. The abstract provides: For more than a century, scholars have...
8th Circuit Finds ADEA Does Not Preclude Arbitration
May 17, 2017
One of the few “get out of arbitration free” cards that SCOTUS offers litigants is this: find another federal statute...
May 17, 2017
One of the few “get out of arbitration free” cards that SCOTUS offers litigants is this: find another federal statute...
Article on Remedies for Breach of Trust
May 16, 2017
Daniel B. Kelly recently published an Article entitled, Remedies for Breach of Trust (2017). Provided below is an abstract of the Article: Private and charitable trusts hold trillions of dollars in assets. Trustees manage, invest, and distribute these assets, subject to fiduciary duties, such as the duty of loyalty and prudence. But remedies for breach of trust, and their justifications, are convoluted. The conventional view, especially in law and economics, is to characterize most fiduciary relationships,...
May 16, 2017
Daniel B. Kelly recently published an Article entitled, Remedies for Breach of Trust (2017). Provided below is an abstract of the Article: Private and charitable trusts hold trillions of dollars in assets. Trustees manage, invest, and distribute these assets, subject to fiduciary duties, such as the duty of loyalty and prudence. But remedies for breach of trust, and their justifications, are convoluted. The conventional view, especially in law and economics, is to characterize most fiduciary relationships,...
SCOTX Declines to Hear Challenge to Arbitration Award
May 16, 2017
Last Friday, the Supreme Court of Texas denied an investment company’s petition for review of an arbitration award. In Infinity Capital II LLC et al. v. Strasburger & Price LLP, No. 16-0947, the heirs of a member of a real estate investment company, Infinity Capital, sued the company for fraud and negligence. After the heirs entered into a confidential settlement agreement that contained an arbitration clause with Infinity Capital, the heirs assigned all related rights to their law firm,...
May 16, 2017
Last Friday, the Supreme Court of Texas denied an investment company’s petition for review of an arbitration award. In Infinity Capital II LLC et al. v. Strasburger & Price LLP, No. 16-0947, the heirs of a member of a real estate investment company, Infinity Capital, sued the company for fraud and negligence. After the heirs entered into a confidential settlement agreement that contained an arbitration clause with Infinity Capital, the heirs assigned all related rights to their law firm,...
Law Schools and Law Students Both Benefit from Hands-on Experiential Learning Programs
May 16, 2017
Don Philbin, a top-ranked mediator in Texas as well as adjunct faculty member and double alumnus at Pepperdine Law School, saw an opportunity to include law students in creating Picture It Settled®, a highly intelligent predictive analytics software tool that guides inside and outside counsel through the negotiation process, based on deep data harvested from thousands of cases. Philbin explains, “We started gathering data and realized that students were interested in examining what happened...
May 16, 2017
Don Philbin, a top-ranked mediator in Texas as well as adjunct faculty member and double alumnus at Pepperdine Law School, saw an opportunity to include law students in creating Picture It Settled®, a highly intelligent predictive analytics software tool that guides inside and outside counsel through the negotiation process, based on deep data harvested from thousands of cases. Philbin explains, “We started gathering data and realized that students were interested in examining what happened...
Enforcing a Non-Solicitation Agreement Regarding Personal Client Relationships
May 15, 2017
In a recent case out of the District of New Jersey, Saturn Wireless Consulting, LLC v. Aversa, Civ. No. 17-1637 (KM/JBC) (behind...
May 15, 2017
In a recent case out of the District of New Jersey, Saturn Wireless Consulting, LLC v. Aversa, Civ. No. 17-1637 (KM/JBC) (behind...
