Harbor maintenance fee sets off a dispute; more than 400 companies object, calling the levy an illegal tax on exports

Article Abstract:

On June 27, 1995, the Court of International Trade began hearing arguments over whether the Harbor Maintenance Trust Fund's fees for export are in fact taxes, forbidden by Article I Sec 9 Clause 5 of the US Constitution. Some 463 companies have filed suit, and the court decided to try US Shoe Corp v United States as a test case. Plaintiffs point to the fund's $451.4 million surplus from 1987 to 1994 and say the charge, 0.125% of an export's value, bears no relation to costs and so is a tax. Government lawyers say it is a fee charged purely for harbor expenses.

Foreign Trade Companies NEC, Other Miscellaneous Nondurable Goods Wholesalers, Marine cargo handling, Ports, WHOLESALE TRADE--DURABLE GOODS, United States, Taxation, Exports, Trading companies, Harbors, Port charges (Harbors)

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Ex-tort reformer's son carries on the fight; his father was an insurance lobbyist but had a change of heart before he died

Article Abstract:

Former tort-reform advocate Frank Cornelius switched sides after suffering medical malpractice, and lobbied against reforms until his recent death. Now his son Todd is taking over the crusade despite being unfamiliar with the process involved. The elder Cornelius claimed to have played a key role in passing tort reforms in Indiana in 1975; new reforms are in the state Senate. The American Tort Reform Assn notes that it favors different reforms that would not have created the legal problems Frank Cornelius endured.

Direct Property and Casualty Insurance Carriers, Surety insurance, Malpractice Insurance, Political aspects, Medical personnel, Tort reform, Malpractice, Medical malpractice, Indiana

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Neighborhood blames ills on company

Article Abstract:

Residents of the area of Newark, NJ, surrounding a former Diamond Shamrock Chemicals Co. defoliant plant are suing the company over dioxin contamination. This case indicates the difficulty in establishing environmental causation for diseases, with the plaintiff's counsel hoping to establish a definitive and precedent-setting link between dioxin and illness. The contentiousness with which this case is progressing was mitigated by the unexpected settlement with one plaintiff and the hope that others will follow.

Cases, Physiological aspects, Environmental aspects, Pollution, Chemical industry, Dioxin, Dioxins, Chemical plants, Toxic torts, Newark, New Jersey, Diamond Shamrock Chemicals Co.

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