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Full Court May Weigh Taxation of Damages Image

Full Court May Weigh Taxation of Damages

Marcia Coyle

A federal appeals court is weighing whether to review a controversial tax decision in which a unanimous three-judge panel struck down as unconstitutional the federal income tax on nonphysical, compensatory damages awards. (<i>See</i> 'Court Tosses Federal Tax Statute Covering Emotional Damages,' <i>Medical Malpractice Law &amp; Strategy</i>, Nov. 2006). Claiming the case is one of 'exceptional importance' to the execution of the nation's tax laws, the Bush administration recently asked the full U.S. Circuit Court of Appeals for the District of Columbia to rehear <i>Murphy v. U.S.</i>, No. 05-5139. In October, the court, on its own motion, ordered lawyers for Marrita Murphy to respond to the government's rehearing petition, a signal that the court is interested, according to some circuit watchers.

Features

Drug & Device News Image

Drug & Device News

ALM Staff & Law Journal Newsletters

The latest information from the pharmaceutical world.

Features

The Debate on Cardiac Stent Safety Image

The Debate on Cardiac Stent Safety

Michael D. Brophy

During the late summer and early autumn of 2006, the medical community began to express second thoughts about the safety of drug-coated cardiac stents, which have in recent years been given credit for reducing the frequency of complications arising from the use of a previous generation of stents. The publicity generated by the news media interested me in my professional role representing health care providers, and for personal reasons as well.

Features

NY Courts Define 'Egregious Conduct' Image

NY Courts Define 'Egregious Conduct'

Myrna Felder

Like New Jersey, New York generally does not consider fault when distributing marital assets. (<i>See</i> Strober L: Marital Misconduct and Alimony. <i>The Matrimonial Strategist</i>, November 2006.) However, there are circumstances under which both states will factor in fault.

Features

e-Commerce Docket Sheet Image

e-Commerce Docket Sheet

Julian S. Millstein, Edward A. Pisacreta & Jeffrey D. Neuburger

Recent cases in e-commerce law and in the e-commerce industry.

Features

Burden of Proof on Defendants Removing Under CAFA Image

Burden of Proof on Defendants Removing Under CAFA

Gregg A. Farley & Christopher K. Pelham

When Congress passed the Class Action Fairness Act ('CAFA') in 2005, committee reports showed that several legislators believed the Act would shift from defendant to plaintiff the burden of proof with respect to the existence of federal removal jurisdiction. CAFA's legislative history contains statements from several members of Congress indicating that a plaintiff opposing removal under the Act would have the burden of establishing the absence of federal jurisdiction. For a short period following CAFA's passage, certain federal district courts found this legislative history controlling and held that CAFA shifted the burden of proof.

Features

Compliance Hotline Image

Compliance Hotline

ALM Staff & Law Journal Newsletters

Recent rulings of importance to you and your practice.

Features

Quarterly State Compliance Review Image

Quarterly State Compliance Review

Sandra Feldman

Fourth-quarter roundup of all the latest compliance rulings.

Features

Business Crimes Hotline Image

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

National rulings of interest.

Features

The Bankruptcy Hotline Image

The Bankruptcy Hotline

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

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