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Report Link Disabled Litigant Can Seek Attorneys' Fees After Settlement.Jackson Lewis LLP - November 20, 2007 A disabled litigant is entitled to seek attorneys' fees and costs under the federal Americans with Disabilities Act and California civil rights law even though he has settled his lawsuit with the defendant, the U.S. Court of Appeals for the Ninth Circuit has ruled. Skaff v. Meridien North Am. Beverly Hills, LLC, No. 06-55434 (9th Cir. Nov. 1, 2007). The federal appeals court in San Francisco also decided that ADA public accommodation plaintiffs may obtain redress and attorneys' fees for violations "not personally encountered," if the violations would prevent them from patronizing the accommodation. The court reversed a district court decision and directed the lower court to consider the merits of the plaintiff's motion for attorneys' fees and costs. Report Link The Supreme Court Agrees to Review Exclusion of “Me, Too” Evidence in RIF Case.Helms Mulliss & Wicker - June 19, 2007 On June 11, 2007, the United States Supreme Court agreed to consider whether the trial court in an Age Discrimination in Employment Act (“ADEA”) suit brought by a RIF’d employee should have allowed the testimony of other RIF’d employees about perceived age discrimination, even though those employees worked for different supervisors than did the plaintiff. Report Link Employment and Tax Advisory: Supreme Court Decision Holds That Plaintiffs Must Pay Tax On Portion of Recovery Paid To Attorney As A Contingent Fee (pdf).Hughes Hubbard & Reed LLP - March 04, 2005 Should the contingent fee portion of a settlement be taxable to the
plaintiff, even if the money goes directly to the attorney? In a January 24,
2005 decision, the Supreme Court answered affirmatively, holding that when a
litigant’s recovery constitutes income, the litigant’s income includes the portion
of the recovery paid to the attorney as a contingent fee. Report Link Supreme Court Decides to Include Attorney's Fees in Plaintiff's Gross Income (pdf).Vedder Price - January 27, 2005 On January 24, 2005, the U.S. Supreme Court decided whether the portion of a judgment or settlement paid to a plaintiff’s attorney under a contingent fee agreement is income to the plaintiff. The Court held that the entire recovery should be included in the plaintiff’s gross income. Commissioner of Internal Revenue v. Banks, No. 03-892. Report Link New Law Eliminates "Double Taxation" of Attorneys' Fees.Rothgerber Johnson & Lyons LLP - November 17, 2004 Among the silent flurry of tax benefits enacted into law by President George W. Bush on October 22, 2004, is one noteworthy provision that eliminates the "double taxation" of attorneys' fee awards in certain employment-related lawsuits and settlements. Report Link Claimants' Attorneys' Fees and Costs in Judgments and Settlements Are Deductible Under New Tax Code Provision.Jackson Lewis LLP - November 02, 2004 New amendments to the Internal Revenue Code under the American Jobs Creation Act of 2004 change the tax treatment of attorneys' fees and costs paid to claimants in connection with judgments and settlements of unlawful discrimination and other employment-based claims. Report Link Taxation of Attorneys' Fees in Employment Discrimination Cases (pdf).Jones Walker - October 22, 2004 The "double taxation" of attorneys' fees awarded to employees in
employment discrimination cases or included in settlements of such claims
-- a tax code result long opposed by attorneys for employees -- would be
eliminated by a bill now under consideration in Congress. Report Link Court Criticizes EEOC And Requires Agency To Pay Employer’s Attorneys’ Fees In Unsuccessful Discrimination Suit [PDF File, p. 7].O'Melveny & Myers LLP - July 15, 2002 A federal court recently ordered the EEOC to pay attorneys’ fees exceeding $363,000 to the prevailing employer in a discrimination and harassment lawsuit brought by the agency. Report Link Ninth Circuit Allows Settling Plaintiff To Recover Attorneys Fees As A "Prevailing Party."Ballard Rosenberg Golper & Savitt - February 02, 2002 Discusses Barrios v. California Interscholastic Federation, 2002 Daily Journal D.A.R. 579 (9th Cir., January 17, 2002), in which the court held that a legally enforceable settlement agreement can be the basis for a "prevailing party" determination where the relief obtained alters the legal relationship between the parties. Report Link Third Circuit Takes Hard Line on Waiver of Attorneys' Fees When Settling Civil Rights Claims.Lowenstein Sandler PC - October 01, 1999 Discusses Torres v. Metropolitan Life Insurance Co., 1999 U.S. Dist. LEXIS 13869 (3d Cir. 1999), in which the court held that if a settlement agreement does not address attorneys fees, the prevailing party in a Title VII case may be awarded attorney's fees even where the settlement agreement contains a general release.
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May 13, 2008 LittlerHOW TO CONDUCT EFFECTIVE INTERNAL INVESTIGATIONSSacramento
May 13, 2008 Shaw Valenza LLPHow to Stay Union FreeLas Vegas
2008-5-13 Jackson Lewis LLPConducting Effective Investigations of Employment Claims: Essential Skills for Internal InvestigatorsHouston
May 13, 2008 Littler2008 Public Sexual Harassment Training for supervisors and managers.Universal City
May 13, 2008 Ballard RosenbergSHRM Morris County Monthly Legal UpdateFlorham Park
2008-5-14 SHRM Morris County ChapterThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActHartford
2008-5-14 Jackson Lewis LLPDigital Dangers: Recent E-Discovery Developments and TrendsLas Vegas
May 14, 2008 LittlerHealth Care's New Labor and Privacy Law Frontiers: Defusing Tomorrow's Problems TodayDenver
May 14, 2008 Littler |
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