IC-DISCS AND THE TAX SAVINGS FOR U.S. EXPORTERS

Posted by Dowling Aaron on

The implementation of IC-DISCs saves growers, food manufacturers, and other exporters of U.S. goods and services millions of dollars in federal income tax each year. By way of example, a California exporter with $1,000,000 in taxable income from qualified export sales, could save more than $95,000 each year in federal income tax. What follows is […]

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Under what circumstances may an injured professional athlete employed by team in different state receive California workers’ compensation benefits?

Posted by Steven Vartabedian on

Recently, public attention has been drawn to out-of-state professional athletes, who have performed at times in California, seeking the benefits of workers’ compensation under California law. Several of these cases have now emerged from the appellate courts. One such case is that of Federal Insurance Company v. WCAB and Johnson (filed 12/3/13) B249201. There, the […]

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Is there a triable issue of fact concerning company lawyer as a cause of termination of employee when company lawyer co-represents employer and employee?

Posted by Steven Vartabedian on

In Yanez v. Plummer (filed & published 11/5/13) C070726, Plaintiff Yanez sued his former employer, Union Pacific, for wrongful discharge and its in-house counsel, Plummer for legal malpractice, breach of fiduciary duty and fraud. Yanez had witnessed the injury of a co-worker who filed a personal injury lawsuit under the Federal Employers Liability Act (FELA) […]

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May trial court order temporary removal of attorney’s website postings which could prejudice jurors?

Posted by Steven Vartabedian on

Easy access to social media and the Internet provide great learning and informational tools. But with these benefits have come abuses and challenges for many of society’s institutions, educational and judicial to name two. For educators, the challenge involves patrolling some students’ trying to cheat their way through their education. For judges, it is a […]

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Is it improper for a trial court to consider insurer’s potential liability for judgment in excess of policy limits in evaluating whether 998 demand was reasonable?

Posted by Steven Vartabedian on

In Aguilar v. Gostischef (filed October 11, 2013) 2013 DJDAR 13678, judgment for $2.3 million was entered in favor of plaintiff for motor vehicle accident personal injury, where defendant was insured by Farmers under a $100,000 policy limit. Earlier in the case, plaintiff’s counsel had twice requested discovery from Farmers of the policy limit. After […]

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What is the effect of the U.S. Supreme Court’s invalidation of a California rule imposed to refuse enforcement of arbitration provisions upon similar cases?

Posted by Steven Vartabedian on

The U.S. Supreme Court found in At&t Mobility LLC v. Concepcion (2011) 563 U.S. ___ [131 S.Ct. 1740] that a California Supreme Court rule stated in that case, which found the arbitration clause agreed upon between the parties was invalid due to unconscionability, was preempted by the Federal Arbitration Act. Shortly before Concepcion, the state […]

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Under what circumstances will a non-settling medical malpractice defendant found liable at trial pay only a token amount to plaintiff as a result of other defendants’ pretrial settlement?

Posted by Steven Vartabedian on

The case of Rashidi v. Moser (filed 9/23/13) 2013 DJDAR 12903 provides such circumstances. And the circumstances are not terribly unusual. What causes a virtual victory here for to a losing defendant is the confluence of the following statutes: California Civil Code section 3333.3 (MICRA), section 1431 (Prop 51), and Code of Civil Procedure section […]

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May an employer who requires employee to use her vehicle be liable for employee’s negligence en route to personal business in the course of driving home?

Posted by Steven Vartabedian on

In Moradi v. Marsh USA, Inc. (filed 9/17/13) 2013 DJDAR 12540, Judy Bamberger worked as a salesperson-marketer for Marsh, an insurance broker. She was required to use her personal vehicle under a “car allowance” program; two to five times a week she would use it primarily for off-site appointments, meetings, and transporting Marsh executives and […]

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Does employee’s statutory right to indemnity for attorney fees in defending action obligate employer to pay for attorney who duplicates work of employer-provided attorney?

Posted by Steven Vartabedian on

Labor Code section 2802, subdivision (a), requires an employer to indemnify its employee for “necessary” expenditures or losses incurred as a direct consequence of the employee carrying out his employment duties. In Carter v. Entercom Sacramento, LLC (filed 9/3/13) 2013 DJDAR 11886, Carter, as an employee of defendant’s radio station, helped conduct an ill-conceived water-drinking […]

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