| Proving Defamation Damages |
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| A lawsuit for defamation has the following basic elements: (1) making a false statement; (2) about a person; (3) to others; and (4) actual damages (if the harm to the person is not apparent). There is a fifth element when the person is a public official or public figure. In such a case, the person who made the statement has to have made it with a known or reckless disregard of the truth. This article discusses the fourth element, actual damages.More... |
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| The Jones Act -- Unearned Wages |
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| Under the Jones Act and general maritime law, a seaman who is injured in the course and scope of his employment may recover "unearned wages," i.e., the wages he would have earned if he were able to continue working until the end of the voyage. Unearned wages may include overtime, bonuses, and other employment benefits.More... |
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| Tax Considerations in Tort Litigation |
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| The income tax consequences of damages that are awarded in a tort action may have a significant impact on the parties to the litigation. In most cases, the tax effect of the damages will depend upon how the damages are characterized by the parties. Whether the damages are taxable or not may often affect the amount that a plaintiff is willing to accept from a defendant and that the defendant is willing to pay the plaintiff under a settlement agreement.More... |
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| Rules Regarding Starting and Stopping a Motor Vehicle |
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| A motor vehicle driver is generally not entitled to start his or her motor vehicle unless the movement of his or her vehicle can be made with reasonable safety. In other words, the driver must use reasonable care when he or she starts the vehicle.More... |
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| Negligent Infliction of Emotional Distress |
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| People may suffer emotional distress that manifests itself as mental suffering, mental anguish, nervous shock, fright, horror, grief, shame, humiliation, embarrassment, anger, chagrin, disappointment, worry, and nausea. Historically, claims for damages for emotional distress caused by a defendant's negligence were usually denied. However, almost every state now recognizes the right to recover for negligent infliction of emotional distress.More... |
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