Punitive damages reduced in discrimination case
November 30, 2009
The amount of punitive damages awarded to an employee in a discrimination suit should not exceed the total compensatory damages, the California Supreme Court has ruled in reducing a jury’s punitive award of $15 million to $1.9 million. The employee, who suffered from a panic disorder, was shunned by her supervisor and ultimately terminated for taking
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Punitive damages reduced in discrimination case
ERISA plaintiff has standing to sue
November 30, 2009
A participant in a Wal-Mart retirement plan has standing to sue under ERISA – even for alleged breaches of fiduciary duty that occurred before he made his first contribution to the plan, the 8th Circuit has ruled in reversing a dismissal. The plaintiff sued Wal-Mart and certain company executives as the
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ERISA plaintiff has standing to sue
New filing deadline law takes effect
November 30, 2009
WASHINGTON – A law lengthening several statutory deadlines under the Federal Rules of Appellate Procedure, Federal Rules of Bankruptcy Procedure, Federal Rules of Civil Procedure and Federal Rules of Criminal Procedure is set to go into effect on Dec. 1. The Statutory Time Periods Amendments Act of 2009 creates a consistent method of calculating time
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New filing deadline law takes effect
Bankruptcy on the docket at the Supreme Court
November 23, 2009
Two cases likely to have a big impact on bankruptcy law practice are set to be argued before the justices of the U.S. Supreme Court next week. In Milavetz, Gallop & Milavetz v. U.S. , the Court will consider whether a bankruptcy attorney is a “debt relief agency” and whether disclosure provisions in the 2005
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Bankruptcy on the docket at the Supreme Court
Tax liability not discharged in bankruptcy
November 23, 2009
A husband and wife’s bankruptcy did not extinguish their federal income tax liability relating to a previously filed joint return, the 9th Circuit has ruled in affirming a U.S. Tax Court decision. In 1991, the IRS assessed a $70,000 income tax liability against the taxpayers with respect to their 1990 joint
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Tax liability not discharged in bankruptcy
No ‘deductions’ for above-median debtors
November 20, 2009
Chapter 13 debtors cannot deduct payments to secured creditors for property they intend to abandon, the 9th Circuit Bankruptcy Appellate Panel has ruled in reversing a bankruptcy court. A related issue – what constitutes “projected disposable income” in a Chapter 13 case – may go to the U.S. Supreme Court. The debtors in
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No ‘deductions’ for above-median debtors
Business booming at bankruptcy firms
November 19, 2009
Small and mid-sized firms that focus on Chapter 11 bankruptcy are seeing more work in the wake of the current economy. And attorneys in those firms predict that Chapter 11 filings will continue to rise in the year to come. Read the full article from Portfolio.com: A Bankruptcy Boom – Reni Gertner
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Business booming at bankruptcy firms