False Imprisonment

News & Analysis as of

Retroactive Tax Law Provides Tax Benefits for Victims of Wrongful Incarceration

At the end of 2015, Congress eliminated some of the uncertainty regarding the tax treatment of damages for wrongful imprisonment. Newly enacted Internal Revenue Code section 139F provides that gross income does not include...more

Court of Appeals Overturns Defense Verdict In Medical Malpractice Conditional Consent Case: Carter v. The Pain Center of Arizona

After a fall, Carter met with Dr. Towns, who recommended a sacrococcygeal ligament injection for her pain. When Carter expressed anxiety about the injection, Towns offered to sedate her for the procedure. When Carter returned...more

Appellate Court Notes

Appellate Court Advance Release Opinions: AC36382, AC36387 - Hilton v. Commissioner of Correction - AC36922 - Nationwide Mutual Ins. Co. v. Pasiak - This was Round Three of a case previously reported on. An...more

California Employment Law Notes

Google Required To Produce Emails In Response To Former Employer's Subpoena - Negro v. Superior Court, 2014 WL 5341926 (Cal. Ct. App. 2014) - Navalimpianti USA, Inc. subpoenaed Google, Inc. to produce copies of...more

California Court Sustains Disclaimer Based on Employment Practices Exclusion

In John Davler, Inc. v. Arch Insurance Company, 2014 Cal. App. LEXIS 837 (Cal. App. Sept. 15, 2014), the California Court of Appeal had the opportunity to consider the application of an employment-related practices exclusion...more

Trial Attorney Tax Summary for Taxation of Settlements and Damages – Part 5: Assignment of Claims

Overview - Part 4 of this series focuses on the payment of damages for false imprisonment. This installment will focus on the assignment of claims. When it becomes apparent that a settlement from the defendant might be...more

Trial Attorney Tax Summary for Taxation of Settlements and Damages – Part 4: Damages for False Imprisonment

Overview - Part 4 of this series focuses on the payment of damages for false imprisonment. We all have all heard the story that the “Big House” is full of innocent men. It turns out that there could be some truth to that...more

Argument Report: When May the Homeowners' Association Security Stop and Detain?

Our reports on the civil oral arguments of the Illinois Supreme Court's November term conclude with Poris v. Lake Holiday Property Owners Association. ...more

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