and other developments favoring plaintiffs
could portend more proplaintiff decisions and settlements, as well as an increase in future welding fume lawsuits.
Not surprisingly, the IRS contended that the attorneys' fees recovered by the plaintiff
class members were includible in their gross income, and the Tax Court agreed.
The lower court said that ``past publicity about releases of potentially hazardous substances from the Rocketdyne facilities should have led'' many of the plaintiffs
to suspect that the defendants caused their injuries prior to the first UCLA study being released, according to Wednesday's ruling.
The upstairs residents continued with their campaign of complaints to the Department of Buildings, which issued yet another violation which could be cured only by amending the Certificate of Occupancy or by plaintiff
discontinuing the use of her loft as a studio.
The only connection between the plaintiff
and the Institute was that the plaintiff
allegedly had relied on financial reports prepared by the firm in conformity with AICPA standards.
Finally, the court concluded that the plaintiff
was protected under the statute because she was otherwise qualified to work as an institutional assistant.
In many jurisdictions, plaintiffs
can sue without revealing whether they've filed other cases, or received settlements, from claiming similar injuries from occupational exposures at the same work site.
Quickly settling a lawsuit that a plaintiff
is likely to win can be an extremely advantageous tactic for a law enforcement defendant.
However, it is not retroactive, thus, the plaintiffs
would have been entitled only to a miscellaneous itemized deduction, disallowed for purposes of the alternative minimum tax.
Company witnesses testified that the plaintiff
constantly had problems with management and co-workers, which led to a series of escalating disciplinary sanctions ranging from warnings to denial of privileges to a suspension.
If suing a partnership, association or corporation, the plaintiff
could file the lawsuit in any county where the organization regularly conducted business, or where it had its principal office or where some or all of the medical treatment took place.
For every cash advance to a plaintiff
, the company charges about 3 percent a month.