9/25/2017· Economics

The Income Tax Treatment of Economic Damages Awards

By: Michael D. Pakter

Financial experts are frequently asked aboutthe tax impact of damage awards, both paidand received. The complexities of the InternalRevenue Code (IRC) and judicial interpretations thereofmake determining the taxability of receipts or payments difficult.The same is true when dealing with the taxability of economic damages awarded to plaintiffs in civil actions. Nuances in the IRC and the judicial interpretations may make it difficult for a taxpayer to determine the taxability of his or her proceeds from a litigation award of personal economic damages. Whether or not such is taxable often depends on how the award of economic damages is categorized and/or described in the awarding documents.

9/15/2017· Product Liability

A Viable Product vs. The Legal System

By: Dr. Carl J. Abraham

In the United States, the most litigious country in the world, a products liability action may be brought, under state law, for express or implied breach of warranty, misrepresentation and negligence. Under the theory of strict liability, a lawsuit may be initiated on the grounds of manufacturing and design defects as well as poor and inadequate warning instructions. The best defensive strategy for a company to avoid becoming involved in any of the above is to manufacture the safest product possible within parameters of economic feasibility. If said manufacturer can vouch for safety factors in the design, production, testing, inspection and evaluation of its product as well as attentiveness to consumer complaints, it will be more likely to avoid litigation or at least be able to prevail in the courtroom.

9/13/2017· Construction

Post Hurricane Flooding Tips and Frequently Asked Questions

By: Daniel D. Bawden

What is the first thing I should do if my home got flooded? Call your flood insurance company and file a claim, preferably before August 31st, when the flood settlement rates go down. How can I find out if I have flood insurance, and who to call?

9/12/2017· Medical - Medicine

OnabotulinumtoxinA Nerve Blocks in the Treatment of Occipital Neuralgia

By: Dr. Terence K. Gray

Occipital neuralgia is characterized by severe pain, accompanied by tenderness and trigger points, in the distribution of the greater, lesser, and/or third occipital nerves. Occipital neuralgia is typi- cally idiopathic, but also is characterized as a common form of posttraumatic headache. Typical treatments include nerve blocks with local anesthetic, nerve stimulation, pulsed radiofrequency, and cryoablation. OnabotulinumtoxinA (ONA) has recently been utilized in nerve blocks to treat occipital neuralgia, with the potential for a longer duration of pain relief than local anesthetic.

9/12/2017· Automotive - Vehicular

Autonomous and Inevitable, Part 9: Conclusion -- The Best of Both Worlds

By: Ned Einstein

The past eight installments of this series covered a lot of ground -- some technical, but mostly socio-economic and conceptual. But in the debate over the pros and cons of human versus robotic drivers, is it not possible to have the wisdom to take the best of both worlds? In early articles I acknowledged some of the advantages of Highly-Automated Vehicles (HAVs), including:

9/11/2017· Construction

Common Sense Strategies for Avoiding Construction Litigation

By: Jeffrey P. Weinstein

ln our current climate of economic prosperity and rising real estate values, the prevalence and usefulness of construction litigation may be on the wane. Much of the litigation and expert opinion in recent years has resulted in unrealistic repair schemes for the sole purpose of producing a settlement among parties to the litigation. When a plaintiff expert recommends a "remove and replace in its entirety"1 scenario (for example, arguing that all exterior stucco must be demolished and reinstalled due to a lack of expansion joints), the defense expert frequently advocates a more modest "fix what's broken" scheme to provide a minimum repair at the lowest cost. This process consumes considerable time and resources, and creates a difficult environment in which to craft a settlement. More often than not, neither party is pleased with the outcome; unreasonable plaintiff positions often result in settlement amounts ranging between 15 to 25 percent of the claim amount.

9/8/2017· Human Resources

Medical Marijuana Concerns for Employers

By: Timothy Dimoff

Medical marijuana is now legal in many states and many other states are considering legalizing it. This creates a host of issues and questions, legal and otherwise, that employers must address. This also affects workplace issues and policies. And since each state is different, how do you know how your state laws vs. federal laws affect the issue? It is confusing but this is an area where it is critically important to understand and to act accordingly.

9/7/2017· Accounting

A Forensic Engagement

By: Michael D. Pakter

Mr. Bad Actor is a 61–year-old male who is the senior executive of the Unlucky Transportation Company. He has been in that position for more than ten years. Before his employment at the company, he worked for a series of unsuccessful transportation companies, where both he and other stakeholders lost most of their investment. He has ongoing legal and financial problems resulting from these prior business failures and from his failed marriage.

9/6/2017· Failure Analysis

Liquid Impact Glass Failure Analysis

By: Dr. Thomas Read

As "water hammer" (i.e. liquid impact) has the potential to cause glass bottle failure, Read Consulting LLC created two such failures to study the resulting fracture surface details.

9/6/2017· Accident Investigation & Reconstruction

Case Study: Retained by Plaintiff Injured Motorist

By: Richard Beaubien

A motorist exiting a rural freeway was struck by a motorist on the intersecting State Route at the top of the exit ramp. At the westbound exit ramp from the Interstate freeway the State Route a stop sign is posted at the end of the ramp requiring exiting traffic to stop before entering the State Route. However, the eastbound off ramp traffic is not required to stop before entering the State Route. A stop sign is posted on southbound State Route at the ramp terminal. This is an unusual traffic signing pattern for interstate off ramps. Expert observations of the operation of this intersection showed that a large proportion of the eastbound off ramp traffic slowed down at the end of the ramp, expecting to stop at the State Route.