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Nevada Supreme Court Upholds Fraud Verdict Against The California Franchise Tax Board

The Franchise Tax Board’s Shande - This is case that has been more than two decades in the making. It began in the 1990s when inventor Gilbert Hyatt filed a California tax return showing that he relocated from...more

CRA Owes a Duty of Care to Taxpayers

While taxpayers have initiated a number of civil claims against the CRA, alleging everything from negligence to fraud, these claims are rarely successful, as courts have traditionally been reluctant to ascribe any duty of...more

"Study Reveals US Courts of Appeal Are Less Receptive to Reviewing Class Certification Rulings"

Skadden recently conducted a study on behalf of the U.S. Chamber of Commerce Institute for Legal Reform regarding acceptance rates for Rule 23(f) petitions appealing class certification rulings in federal courts. The study...more

Recent Case Opens Door to Civil Enforcement Claims for Negligent FICA Tax Withholding

A District Court in Eastern Michigan recently rejected a motion to dismiss a participant’s benefit claim, holding that an employer legally could be liable to a participant in a nonqualified deferred compensation plan when the...more

California Court of Appeal Allows Tenant's Fraud Suit Against Shopping Center Landlord Based on Estimates for Real Property Taxes,...

Last week, the California Court of Appeal for the Second District reversed a trial court’s decision which dismissed a tenant’s lawsuit against a shopping center landlord based on the disparity between estimates of certain...more

Hotels.com And Other Online Travel Vendors Don't Have To Pay Occupancy Taxes To North Carolina Counties

It's hard to like the result in Wake County v. Hotels.com, LP, 2012 NCBC 61. The case is a consolidation of cases brought by several North Carolina counties (Mecklenburg, Wake, Dare, and Buncombe) against Hotels.com and other...more

California Supreme Court Schedules Oral Argument for April

• Oasis West Realty v. Goldman (S181781) – Does an attorney’s duty of loyalty owed to a former client apply when the attorney actively takes a position against the former client on the same issue for which the lawyer...more

Illinois Supreme Court Sets Civil Argument Schedule for March

This afternoon, the Illinois Supreme Court published its Call of the Docket [pdf] for the March term, and the Court will hear oral argument in six civil cases. The cases, with the issue or issues presented in each,...more

Illinois Supreme Court Sets Busy Civil Argument Schedule for November

This afternoon, the Illinois Supreme Court published its Call of the Docket for the November term, and the Court will hear oral argument in fifteen civil cases. The cases, with the issue or issues presented in each,...more

Illinois Supreme Court on the Tort Immunity Act, Collateral Estoppel, the Use Tax and the Home Repair Act

Last week, the Illinois Supreme Court filed opinions resolving four new civil cases: Hubble v. Bi-State Development Agency of the Illinois-Missouri Metropolitan District, [pdf] No. 109137 -- In a personal injury action,...more

Testifying On The Witness Stand

Ever wonder what to tell your client when they are going to be on the witness stand? This may help. ...more

Jury Instructions For ICBC Injury Claims With Multiple Years Of Past Wage Loss

Article by ICBC Injury Claims Lawyer Erik Magraken discussing useful jury instructions to minimize tax deductions for past income loss awards from BC Car Crashes as a result of s. 98 of the Insurance Vehicle...more

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