opinion and polls Tijerino v. Stetson Desert Project, LLC By feeds.findlaw.com Published On :: 2019-08-16T08:00:00+00:00 (United States Ninth Circuit) - Reversed. The district court dismissed an action brought by exotic dancers for lack of subject matter jurisdiction. Reversing, the panel held the statutory requirement that plaintiffs must be employees as defined in the FLSA is a merits-based determination, not a jurisdictional limitation. Full Article Labor & Employment Law
opinion and polls Gupta v. Morgan Stanley Smith Barney LLC By feeds.findlaw.com Published On :: 2019-08-19T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. A former employee alleging discrimination could be compelled to arbitrate his claims because he didn't opt out of the company's arbitration agreement. Full Article Dispute Resolution & Arbitration Labor & Employment Law Civil Rights Civil Procedure
opinion and polls Bentley v. AutoZoners, LLC, et al. By feeds.findlaw.com Published On :: 2019-08-19T08:00:00+00:00 (United States Second Circuit) - Affirmed. In appealing an award of summary judgement for the defendants, plaintiff argues she proffered sufficient evidence to raise triable issues of fact in her sex discrimination case. Finding plaintiff’s arguments fail on the merits, the panel affirms. Full Article Labor & Employment Law Civil Procedure
opinion and polls Murray v. Mayo Clinic By feeds.findlaw.com Published On :: 2019-08-20T08:00:00+00:00 (United States Ninth Circuit) - Affirmed. The panel held that the district court correctly instructed the jury to apply a “but for” causation standard, rather than a motivating factor standard; an ADA discrimination plaintiff must show the adverse employment action would not have occurred but for the disability. Full Article Labor & Employment Law
opinion and polls Valtierra v. Medtronic Inc. By feeds.findlaw.com Published On :: 2019-08-20T08:00:00+00:00 (United States Ninth Circuit) - Affirmed. The panel held that even if Plaintiff’s obesity were an impairment under the ADA, or he suffered from a disabling knee condition, he could not show a causal relationship between these impairments and his termination. Summary judgement in favor of the defendant affirmed. Full Article Labor & Employment Law
opinion and polls Faludi v. U.S. Shale Solutions, L.L.C. By feeds.findlaw.com Published On :: 2019-08-21T08:00:00+00:00 (United States Fifth Circuit) - Summary judgment affirmed, award of costs vacated and remanded, where Plaintiff making FLSA claim for unpaid overtime was exempt. But because district court did not provide reasons for declining to award costs to prevailing party, award of costs vacated and that issue remanded back to district court. Full Article Labor & Employment Law
opinion and polls Stallworth v. Bryant By feeds.findlaw.com Published On :: 2019-08-21T08:00:00+00:00 (United States Fifth Circuit) - Vacated. Partial enforcement to produce discovery documents in an equal protection claim vacated, where Plaintiffs did not have standing. There is no legally protected interest under which the board members of the Jackson Municipal Airport Authority can assert a claim over disparate treatment compared to other municipalities regarding the passage of S.B. 2162. Full Article Labor & Employment Law
opinion and polls Smith v. Illinois Department of Transp. By feeds.findlaw.com Published On :: 2019-08-21T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. Plaintiff sued alleging a hostile work environment and retaliatory firing. The trial court granted summary judgment to the Defendant. The appeals court found that Plaintiff was discharged during a probationary period and that he lacks evidence to take the matter to a jury. Full Article Civil Rights Labor & Employment Law
opinion and polls Rozumalski v. W.F. Baird & Associates, Ltd By feeds.findlaw.com Published On :: 2019-08-22T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The district court dismissal of a workplace harassment suit was affirmed because after harassment was reported the company swiftly investigated and fired the harasser. No evidence was presented to support allegations of harassment in the victim's subsequent dismissal. Full Article Civil Procedure Labor & Employment Law
opinion and polls Ray v. County of Los Angeles By feeds.findlaw.com Published On :: 2019-08-22T08:00:00+00:00 (United States Ninth Circuit) - Affirmed in part, reversed in part. The panel affirmed Los Angeles County was not entitled to 11th Amendment immunity because the County was not an arm of the state when it administered the In-Home Supportive Services program. The court reversed on the collective period’s effective date. Full Article Labor & Employment Law
opinion and polls Franco v. Greystone Ridge Condominium By feeds.findlaw.com Published On :: 2019-08-27T08:00:00+00:00 (California Court of Appeal) - Reversed. Plaintiffs, employees of Defendant, signed an agreement with Defendant requiring binding arbitration of employment disputes after the complaint was filed. The trial court denied Defendant’s motion to compel arbitration agreeing with Plaintiff that the arbitration agreement referred to future claims not the past ones brought by Plaintiff against Defendant. The appeals court disagreed stating that the agreement to arbitrate was clear and there was no qualifying language as to past or future events. Full Article Dispute Resolution & Arbitration Labor & Employment Law
opinion and polls Rodriguez v. Workers' Comp. Appeals Bd By feeds.findlaw.com Published On :: 2019-08-27T08:00:00+00:00 (California Court of Appeal) - Plaintiff applied for disability retirement. His employer disputed his retirement and his claim of industrial causation. The Workers’ Compensation Appeals Board found that the disability was industrial, but that he was barred from receiving retirement benefits because his claim was untimely. The appeals court held that the industrial causation claim was timely and reversed the WCAB order and remanded with directions to grant Plaintiff’s claim. Full Article Workers' Compensation Labor & Employment Law Government Benefits
opinion and polls Brock Services LLC v. Rogillo By feeds.findlaw.com Published On :: 2019-08-27T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. A company sued a former employee who went to work for a direct competitor. The Court of Appeals affirmed the district court's grant of a preliminary injunction because there was an employment agreement with a non-compete provision. Full Article Contracts Civil Procedure Labor & Employment Law
opinion and polls Chaidez v. Ford Motor Company By feeds.findlaw.com Published On :: 2019-08-28T08:00:00+00:00 (United States Seventh Circuit) - Vacated and remanded. The district court dismissal of a suit for failure to exhaust remedies was vacated because the claims of discrimination had been exhausted before the Equal Employment Opportunity Commission. Full Article Civil Procedure Labor & Employment Law Administrative Law Civil Rights
opinion and polls Jeffra v. Cal. State Lottery By feeds.findlaw.com Published On :: 2019-08-29T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff was an investigator employed by the California State Lottery. He sued Defendant alleging retaliation in violation of the California Whistleblower Protection Act. Defendant filed an anti-SLAPP motion to strike Plaintiff’s complaint. The trial court denied the motion. The appeals court agreed finding Plaintiff had established his complaint arose from a protected activity and that he was likely to succeed on the merits of his claim. Full Article Civil Rights Constitutional Law Labor & Employment Law
opinion and polls OTO, L.L.C. v. Kho By feeds.findlaw.com Published On :: 2019-08-29T08:00:00+00:00 (Supreme Court of California) - Reversed. The Defendant was an employee of Plaintiff and during the course of his employment he was required to sign a document that contained an arbitration agreement. He was not afforded the opportunity to read the document before signing and the document was not explained or provided in his first language, Chinese. After his employment with Plaintiff ended, he filed a complaint with the Labor Commissioner. Plaintiff sought to enforce the arbitration agreement. The Supreme Court held that arbitration agreements are not categorically unconscionable as a waiver of the “Berman procedure” found in Labor Code 98, but an agreement to arbitrate must provide an accessible and affordable process. However, in this case the Court reversed the appeals court because the agreement had unusually high degree of procedural unconscionability and the Plaintiff was coerced and misled into accepting this agreement. Full Article Dispute Resolution & Arbitration Labor & Employment Law
opinion and polls Paradise Irrigation District v. Commission on State Mandates By feeds.findlaw.com Published On :: 2018-10-01T08:00:00+00:00 (California Court of Appeal) - Held that local water districts were not entitled to be reimbursed by the state for the cost of complying with unfunded state mandates to improve water service. The water districts argued that reimbursement was necessary because the passage of Proposition 218 had limited their authority to levy fees. Disagreeing, the California Third Appellate District concluded that their authority to levy fees had not changed. The panel affirmed the trial court. Full Article Tax Law Water Law
opinion and polls Exelon Corp. v. Commissioner of Internal Revenue By feeds.findlaw.com Published On :: 2018-10-03T08:00:00+00:00 (United States Seventh Circuit) - Affirmed the U.S. Tax Court's ruling that an energy company was liable for a deficiency of more than $400 million for certain previous tax years, and also for $87 million in accuracy-related penalties. Full Article Tax Law
opinion and polls Glovis America, Inc. v. County of Ventura By feeds.findlaw.com Published On :: 2018-10-10T08:00:00+00:00 (California Court of Appeal) - Held that a vehicle inspection company that leased land from the U.S. Navy failed to demonstrate that county tax authorities overvalued its leasehold interest by assuming that the lease would be extended beyond its original term. Affirmed the dismissal of the taxpayer's suit seeking a tax refund. Full Article Property Law & Real Estate Military Law Tax Law
opinion and polls Harrington v. Berryhill By feeds.findlaw.com Published On :: 2018-10-10T08:00:00+00:00 (United States Seventh Circuit) - Declined to hear a challenge to Treasury Offset Program regulations. A law firm ended up with nothing in legal fees because the government administratively offset fees awarded to its Social Security recipient clients under the Equal Access to Justice Act against the clients' various debts to the government. On appeal, the Seventh Circuit held that the offset matter was better suited for a separate action under the Administrative Procedure Act, and declined to exercise ancillary jurisdiction over a collateral challenge to the pertinent regulations. Full Article Government Benefits Tax Law Attorney's Fees
opinion and polls Perry v. Coles County, Illinois By feeds.findlaw.com Published On :: 2018-10-11T08:00:00+00:00 (United States Seventh Circuit) - Affirmed the dismissal of taxpayers' suit alleging that a county government imposed a disproportionate tax on commercial and industrial properties in one particular township as opposed to similar types of properties elsewhere in the county. Held that the district court appropriately abstained from hearing this Equal Protection Clause suit under the comity doctrine. Full Article Tax Law Constitutional Law
opinion and polls US v. Bolton By feeds.findlaw.com Published On :: 2018-10-18T08:00:00+00:00 (United States Fifth Circuit) - Affirmed the convictions and sentences of a husband and wife in connection with attempted tax evasion and filing false tax returns. Full Article Criminal Law & Procedure Tax Law Sentencing
opinion and polls US v. Conner By feeds.findlaw.com Published On :: 2018-10-22T08:00:00+00:00 (United States Fifth Circuit) - On reconsideration, held that a taxpayer had 60, not 30, days to file his notice of appeal from an order finding him in contempt of court for failure to fully comply with an Internal Revenue Service summons. Withdrew a prior order dismissing his appeal. Full Article Tax Law Civil Procedure
opinion and polls MCI Communications Services, Inc. v. California Department of Tax and Fee Administration By feeds.findlaw.com Published On :: 2018-10-24T08:00:00+00:00 (California Court of Appeal) - Affirmed the dismissal of a telecommunication company's lawsuit seeking a refund of California sales and use taxes. Held that the tax exclusion for telephone lines does not extend to pre-installation component parts that may one day be incorporated into completed telephone systems. Full Article Tax Law Communications Law
opinion and polls Tricarichi v. Commissioner of Internal Revenue By feeds.findlaw.com Published On :: 2018-11-13T08:00:00+00:00 (United States Ninth Circuit) - Affirming a U.S. Tax Court decision, held that the former sole shareholder of a company that received a $65 million litigation settlement was liable for the taxes, and in particular the pre-notice interest component, despite having entered into a tax-shelter transaction. Full Article Tax Law
opinion and polls Rogers v. Commissioner of Internal Revenue By feeds.findlaw.com Published On :: 2018-11-19T08:00:00+00:00 (United States Seventh Circuit) - Affirmed the Tax Court's finding that a woman did not qualify for innocent spouse relief, in a case involving a married couple's deficient joint federal income tax return. Full Article Tax Law
opinion and polls Professional Tax Appeal v. Kennedy-Wilson Holdings, Inc. By feeds.findlaw.com Published On :: 2018-11-20T08:00:00+00:00 (California Court of Appeal) - Reinstated an unjust enrichment claim brought by a tax specialist that had helped a landowner reduce delinquent property taxes. Held that a foreclosure sale purchaser of the land had reason to know that the tax specialist had a contractual interest in a percentage of the tax refund. Reversed dismissal of the tax specialist's unjust enrichment claim against the foreclosure sale purchaser. Full Article Contracts Tax Law Property Law & Real Estate
opinion and polls Next Century Associates, LLC v. County of Los Angeles By feeds.findlaw.com Published On :: 2018-11-30T08:00:00+00:00 (California Court of Appeal) - Held that a county appeals board erred in denying a hotel's request for a property tax refund. The hotel contended that the property valuation was incorrect. Reversed and remanded to the board for a new hearing. Full Article Tax Law Property Law & Real Estate
opinion and polls Karas-Durante v. County of Santa Clara By feeds.findlaw.com Published On :: 2018-11-30T08:00:00+00:00 (California Court of Appeal) - Held that a homeowner was not entitled to a refund of property taxes. County officials correctly determined that there was a change in ownership of a house she co-owned with her sister, which triggered a reassessment of its value. Affirmed a judgment after trial. Full Article Tax Law Property Law & Real Estate
opinion and polls Starr International Co. v. US By feeds.findlaw.com Published On :: 2018-12-07T08:00:00+00:00 (United States DC Circuit) - Held that a Switzerland-based financial firm could proceed with a tax refund claim. The firm sought a $38 million refund under a U.S.-Swiss treaty that deals with the tax on dividends paid by U.S. corporations and received by foreign shareholders. Reversed the district court's ruling that the refund claim raised a nonjusticiable political question. Full Article Tax Law International Law
opinion and polls Benenson v. Commissioner of Internal Revenue By feeds.findlaw.com Published On :: 2018-12-14T08:00:00+00:00 (United States Second Circuit) - Held that a husband and wife were not liable for a 2008 tax deficiency. The IRS had applied the substance‐over‐form doctrine to recharacterize various lawful tax‐avoiding transactions as tax‐generating events for the taxpayers, their adult sons, a family trust, and a family‐controlled corporation. Reversed the tax court. Full Article Tax Law
opinion and polls Electronic Privacy Information Center v. IRS By feeds.findlaw.com Published On :: 2018-12-18T08:00:00+00:00 (United States DC Circuit) - Affirmed the dismissal of a nonprofit organization's lawsuit seeking President Donald Trump's income tax records. Held that no one can use a Freedom of Information Act request to demand to inspect another's tax records. The case involved a FOIA request filed by the Electronic Privacy Information Center shortly after the 2016 election. Full Article Elections Government Law Tax Law
opinion and polls SummerHill Winchester LLC v. Campbell Union School District By feeds.findlaw.com Published On :: 2018-12-20T08:00:00+00:00 (California Court of Appeal) - Affirmed that a school district failed to take the proper steps to enact a fee on new residential development within the district to fund the construction of school facilities. Held that the fee study did not contain the data required to properly calculate a development fee. Full Article Education Law Tax Law Construction
opinion and polls US v. Johnson By feeds.findlaw.com Published On :: 2018-12-21T08:00:00+00:00 (United States Seventh Circuit) - Affirmed a restitution order against a defendant who was convicted of preparing false tax returns for clients. Full Article Criminal Law & Procedure Tax Law Sentencing
opinion and polls Sugarloaf Fund, LLC v. Commissioner of Internal Revenue By feeds.findlaw.com Published On :: 2018-12-21T08:00:00+00:00 (United States Seventh Circuit) - Held that a tax shelter reflected an abusive sham. Affirmed the Tax Court's judgment and imposition of penalties. Full Article Tax Law
opinion and polls Freedom Path, Inc. v. Internal Revenue Service By feeds.findlaw.com Published On :: 2019-01-16T08:00:00+00:00 (United States Fifth Circuit) - Held that an organization lacked standing to bring a facial challenge to an Internal Revenue Service test for determining certain tax liabilities. The conservative issue-advocacy organization contended that the test was unconstitutionally vague. Full Article Tax Law Civil Procedure Constitutional Law
opinion and polls Harmony Gold U.S.A., Inc. v. County of Los Angeles By feeds.findlaw.com Published On :: 2019-01-30T08:00:00+00:00 (California Court of Appeal) - Held that a property owner could not proceed with a lawsuit seeking to recover tax overpayments. Affirmed a dismissal, in a case involving the determination of the real property's base-year value, a core metric for assessing property taxes in California. Full Article Tax Law
opinion and polls DFS Group, L.P. v. County of San Mateo By feeds.findlaw.com Published On :: 2019-01-31T08:00:00+00:00 (California Court of Appeal) - Held that a county tax assessor incorrectly determined the value, for property tax purposes, of a concessionaire's lease at San Francisco International Airport. Full Article Tax Law
opinion and polls Dondlinger v. Los Angeles County Regional Park and Open Space District By feeds.findlaw.com Published On :: 2019-01-31T08:00:00+00:00 (California Court of Appeal) - Held that a taxpayer could not proceed with a lawsuit seeking to invalidate a voter-approved special property tax imposed by Los Angeles County. Affirmed a judgment on the pleadings. Full Article Tax Law
opinion and polls Dawson v. Steager By feeds.findlaw.com Published On :: 2019-02-20T08:00:00+00:00 (United States Supreme Court) - Held that West Virginia unlawfully discriminated against a U.S. Marshalls Service retiree when it gave a generous pension tax benefit only to state or local retirees who served in law enforcement. The plaintiff relied on a federal statute that, broadly speaking, bars states from taxing the compensation of federal employees differently from state employees. In a unanimous opinion written by Justice Gorsuch, the U.S. Supreme Court agreed with him that West Virginia's tax rule unlawfully disfavored federal retirees. Full Article Tax Law
opinion and polls J.B. v. US By feeds.findlaw.com Published On :: 2019-02-26T08:00:00+00:00 (United States Ninth Circuit) - Held that the Internal Revenue Service failed to comply with its statutory obligation to provide reasonable notice to a taxpayer who was being audited in advance of subpoenaing records from a third party in connection with the audit. Affirmed an order quashing the subpoena. Full Article Tax Law
opinion and polls McClain v. Sav-On Drugs By feeds.findlaw.com Published On :: 2019-03-04T08:00:00+00:00 (Supreme Court of California) - Held that customers who had paid sales tax on purchases they believed to be exempt did not have an equitable cause of action to compel the retailers to seek a tax refund from the state, under the facts here. Affirmed a judgment sustaining the retailers' demurrer. Full Article Tax Law
opinion and polls BNSF Railway Co. v. Loos By feeds.findlaw.com Published On :: 2019-03-04T08:00:00+00:00 (United States Supreme Court) - Held that an award of damages compensating an injured railroad worker for lost wages was subject to taxation under the Railroad Retirement Tax Act. The worker contended that the wages he recovered in this Federal Employers' Liability Act case should not be considered compensation subject to the payroll tax, which funds a self-sustaining retirement benefits system for railroad workers. Disagreeing, the U.S. Supreme Court held that the tax applied. Justice Ginsburg delivered the opinion of a 7-2 Court. Full Article Tax Law Transportation Labor & Employment Law
opinion and polls Dieringer v. Commissioner of Internal Revenue By feeds.findlaw.com Published On :: 2019-03-12T08:00:00+00:00 (United States Ninth Circuit) - Affirmed the Tax Court's decision that a decedent's estate had overstated the amount of a charitable deduction and thus received a large tax windfall. Also affirmed the imposition of an accuracy-related penalty. Full Article Tax Law Probate Trusts & Estates
opinion and polls Advanced Building and Fabrication Inc. v. Ayers By feeds.findlaw.com Published On :: 2019-03-13T08:00:00+00:00 (United States Ninth Circuit) - Held that an employee of the California State Board of Equalization violated clearly established law by participating in law enforcement's execution of a search warrant at the business premises of a man with whom he had a recent altercation. Affirmed the denial of his motion seeking qualified immunity in this lawsuit alleging civil rights and tort claims. Full Article Government Law Tax Law Constitutional Law
opinion and polls Gaylor v. Peecher By feeds.findlaw.com Published On :: 2019-03-15T08:00:00+00:00 (United States Seventh Circuit) - Upheld an Internal Revenue Code provision that excludes housing allowances from ministers' taxable federal income. An advocacy group contended that the tax provision violates the First Amendment's Establishment Clause. Disagreeing, the Seventh Circuit held that the longstanding tax code exemption for religious housing is constitutional, reversing the district court. Full Article Tax Law Tax-exempt Organizations Constitutional Law
opinion and polls Washington State Dept. of Licensing v. Cougar Den, Inc. By feeds.findlaw.com Published On :: 2019-03-19T08:00:00+00:00 (United States Supreme Court) - This case involved the State of Washington's tax on fuel importers who travel by public highway. The Yakama Nation contended that its 1855 treaty with the United States forbids that tax from being imposed upon fuel importers who are tribal members. The U.S. Supreme Court agreed with the tribe. Justice Breyer's plurality opinion was joined by only two other justices. Justices Gorsuch and Ginsburg concurred in the judgment. Full Article Tax Law Oil and Gas Law Indian Law
opinion and polls Wright v. County of San Mateo By feeds.findlaw.com Published On :: 2019-03-29T08:00:00+00:00 (California Court of Appeal) - Held that homeowners were not disqualified from taking a tax break. California has a special tax provision benefitting homeowners over 55 years of age when they relocate to a replacement dwelling in the same county. Reversed the trial court. Full Article Tax Law
opinion and polls US v. Taffaro By feeds.findlaw.com Published On :: 2019-03-29T08:00:00+00:00 (United States Fifth Circuit) - Affirmed a probation-only sentence imposed on a law enforcement officer who was convicted of tax evasion and filing false income tax returns. The government had appealed the sentence as substantively unreasonable. Full Article Tax Law Sentencing Criminal Law & Procedure
opinion and polls Borenstein v. Commissioner of Internal Revenue By feeds.findlaw.com Published On :: 2019-04-02T08:00:00+00:00 (United States Second Circuit) - Held that the U.S. Tax Court could order a refund of a taxpayer's income tax overpayment. The Tax Court had concluded that it lacked jurisdiction under the particular circumstances here, even though all parties agreed that the taxpayer had overpaid. Disagreeing, the Second Circuit reversed and remanded, characterizing the issue as one of first impression in any court. Full Article Tax Law