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Articles Posted in Miscellaneous

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Taxability of Damages

Damage paid for personal injury claims are not taxable, right?  Wrong.  Damages paid for personal injury claims "“on account of personal physical  injuries or physical sickness” are not taxable.  26 U.S.C. § 104(a)(2).   Damages paid for purely emotional injuries are taxable, at least in the opinion of the IRS.  Now,…

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Liability for Failure to Disclose Sexual History

"What duty  does an HIV-positive individual have to avoid transmitting the virus? What level  of awareness should be required before a court imposes a duty of care on an HIVpositive  individual to avoid transmission of the virus? What responsibility does the victim have to protect himself or herself against possible…

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New Federal Courthouse to be Named for Senator Frist?

The Tennessean reports that the new federal courthouse in Nashville will be named for Senator Frist. The same Senator Frist who has repeated tried to keep medical malpractice victims from being able to access to the civil justice system. The same Senator Frist who, after diagnosising Terry Schaivo via videotape,…

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