In fear-of-AIDS cases, proof is key element; can a plaintiff recover without actual exposure to the disease?
Article Abstract:
Courts have generally required proof of exposure for a claim for emotional distress due to fear of contracting a disease to succeed, and some fear-of-AIDS cases have been held by the courts not to meet this test. The Tennessee appellate court decision of Carroll v Sisters of St Francis Health Services, Inc allowed damages without proof of exposure, and only time will tell whether this is the start of a trend or just an aberration.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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IRS nips at damage awards; attorneys confront conflicts; the IRS now taxes non;hysical injury and sickness damages, which could pose conflicts and liabilities for attorneys
Article Abstract:
The Small Business Job Protection Act of 1996 amends IRC 104, making most judgments or settlements in tort or tort-type litigation taxable. The provision raises significant compliance problems for litigants and ethical and liability problems for their counsel. Section 1605 also makes judgments in emotional distress claims taxable. Observers wonder whether to expect legislation making all personal injury awards taxable.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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State debate on capping non-economic damages is far from resolution
Article Abstract:
The constitutionality of damage limitation laws has been challenged in Alabama and Maryland under clauses pertaining to right of trial by jury and equal protection. The Supreme Courts in these states rendered opposing rulings, for the plaintiff in Alabama, against in Maryland. These rulings indicate diversity in interpretation of the issue of damage capping that prevent the consensus necessary for a federal review.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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- Abstracts: Buying time for survivors of domestic violence: a proposal for implementing an exception to welfare time limits
- Abstracts: The use of delaying tactics to obtain submarine patents and amend around a patent that a competitor has designed around
- Abstracts: Two views of America's obsession with death: cavalier defense leads to the death penalty for many. It can take a pile of cash to fight in criminal court
- Abstracts: No: we must acknowledge the problem to fight it. Alcoholic lawyers: are they being coddled by attorney discipline systems? Yes: the recovery excuse is too often abused
- Abstracts: Generics seeking approval of FDA may infringe: uncertainty reigns over a law that overturns Federal Circuit's denial of an industry exemption