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18 Oct 9:01 am
... credit card company can do and say certain things and remain legal, but if a collection agency does or says the exact same things, those
actions would be a violation of the FDCPA and make the collection agency subject to ... for damages. Two of the protections provided by the FDCPA include: a prohibition against
communicating with a debtor when the collection agency employee does not identify himself as a debt collector; and communicating about your
debt with third parties The 11th Circuit Court of ...
5 Nov 7:42 am
... equating the phrase "in the open" with "exposed to the elements" would lead to an absurd result because such an interpretation does not
take into account the adequacy of the protection in question. State Auto argues that, under such an ... merit because a reasonable person would not think that newspapers would protect
property from exposure to the elements. Therefore, the interpretation does not lend itself to absurdity." Slip Op. at 9. The oral argument in
this case is filled with the questions ...
13 Nov 7:03 pm
... filled months in advance. If you hire one lawyer for location 1, then switch, you may end up paying more than 25% of your past due benefits as lawyer 2 will want to be paid. At the
very least, if you are thinking about hiring a lawyer in central Florida, let him or her know about your possible move - you want to make your case less complicated, rather than the
other way around. Post from: Social Security Disability Blog Does It Matter Where I File My Application for Benefits if I Plan on Moving?
11 Aug, 2008 6:06 pm
... can distribution occur even if no copies exchange hands? Some courts, equating this possibility with a "make available" right under copyright law have said no. But the answer in the
statute is yes, at least in some circumstances. Copyright law does not define "distribution", but does define one type of distribution - called "publication" - which includes an offer to distribute. Here is the definition: "Publication" is the distribution
of copies or phonorecords of a work to the public by sale or ...
23 Nov 7:25 am
Because a second-filed postjudgment motion does not toll the time for filing a notice of appeal, the Alabama Court of Civil Appeals dismissed
the appeal in C & D Logging v. Willie Mobley, No. 2080659, released November ... an appeal, a subsequent request, by whatever label, seeking the trial court's reconsideration of its
ruling on the former Rule 59 motion, does not operate to further toll the time for the appeal. C&D Logging's December 10, 2008 motion
constituted an impermissible second ...
23 Nov 10:58 am
... the shooting. Whether or not Almaguer's death was a suicide by cop should be easily determined (and from media reports, it does appear to
fit into the Suicide by Cop pattern - especially the taped admissions by the decedent that he wanted to engage in a shootout). However, the Childress killing does not appear to be so easily investigated. Curious by its absence are any video or audio of the altercation between the police and Brown in that restaurant
parking ...
7 Feb, 2007 1:07 pm
... a doctor in his agency's employee health service that he is HIV+, and specifically requests that the information be held in confidence, does that employee have an action under the federal Privacy Act if the doctor blurts out the information during a ... of Olberding, this case presents an
appropriate vehicle, given that its facts are egregious and largely undisputed, and given that Doe is represented by highly skilled and dedicated counsel." And on that note, of
course, we should mention that Doe's ...
12 Nov 5:51 am
... 29 Expressions of Intent to Guide Trustees on Making Distributions When discretionary distributions are permitted by a successor Trustee, does the trust document include guidelines regarding how and when to distribute assets to the beneficiaries? In general, a ... , legal, veterinary,
accounting, architectural, engineering or other professional practice. 48 Comprehensive Definitions Does the trust document include
comprehensive definitions of important legal terms? For example, a definition of the ...
28 Apr 9:15 pm
... But in spite of the settlement, the U.S. has continued to pursue the names of of more than 50,000 American UBS investors. What does it mean
for UBS' American investors? If the U.S. agrees to drop the lawsuit, the hunt for the names of American investors will probably cease and many investors will have gotten away with their
tax evasion scheme. On the other hand, if the U.S. does not agree to give up the lawsuit and investors do not come forward under the IRS's
voluntary disclosure and partial ...
6 May 6:03 am
Eric Toder of the Tax Policy Center weighed in on President Obama's pledge to eliminate the ability of U.S. companies that reinvest their foreign profits in foreign subsidiaries to
defer paying U.S. taxes on those profits until the money is brought back into the United States: [D]oes deferral cost American jobs? The simple answer is no. The number of jobs in the
United States has almost nothing to do with any tax provision that affects selected investments or industries. Employment is ...
21 May 9:09 am
Russ Fox writes in IRS Looking at Millionaires: As I tell my clients the IRS is a collection agency. Generally, they look to collect money where there's money to be found. Clearly,
that's individuals who make a lot of money. Douglas Shulman, the IRS Commissioner, told a House committee, "Our long-term investment is to have a trend where wealthy individuals, large
corporations, (those) who have really benefited from being in the United States, we're going to make sure that they pay their taxes." ...
19 Jun 11:57 am
Slashdot reports that the IRS does not intend to require businesses to account for the personal usage portion of employer-provided cell phones:
"Last week the IRS caused an uproar when it requested public comments on ways to clarify a [1989 tax law], seldom enforced, that would tax personal usage of business cell phones. But
IRS Commissioner Doug Shulman said that the request for comments did not mean that the largely ignored rule would now be enforced. 'Some have incorrectly implied that the ...
27 Jul 1:57 am
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8 Sep, 2007 12:36 pm
... were codified at 18 U.S.C. § 3511 ("§ 3511"). As a result of these amendments, the Second Circuit remanded the Doe I appeal to enable this Court, if the parties were to
continue the litigation in light of the amendments to the statute, to ... (emphasis added in Alexander). Additionally, the amended § 2709(c) continues to act as a content-based
restriction on speech. In Doe I, the Government argued that § 2709(c) was not a content-based restriction because it prohibited disclosure irrespective of a ...
26 Sep, 2007 7:38 pm
... Ken-06-757 Argued: May 23, 2007 Decided: September 25, 2007 JOHN DOE v. DISTRICT ATTORNEY et al. CALKINS, J. [¶1] John Doe ... and the risk assessment require findings
of fact that must be found by a jury. [¶6] Doe filed a motion for a temporary restraining order and a supporting affidavit to prohibit the defendants ... minor before 1993. [¶7]
The court denied the temporary restraining order, finding that Doe failed to show a likelihood of success on the merits. Thereafter, Fowle, Poulin, and Flannery ...
13 Nov, 2007 7:35 am
... and asked the boy to unzip his pants; after the boy refused, Mr. Doe unzipped the boy's pants and performed oral sex on him. In 1985, ... now come to the incident that
precipitated the situation before us. In January of 2000, Mr. Doe's probation officer, Joe Hooker, received a call from a "confidential source," informing ... Ex.1. The anonymous
caller recounted an incident that occurred earlier that January. Mr. Doe's own description of this episode, in his deposition, vividly describes what took place ...
22 May, 2008 11:08 pm
... is -- or an answer is -- there is a very high recidivism rate, and that high recidivism rate does support the claim that there is something
that -- that it is credible to say that by publishing this information, we are simply trying to inform people ... be a better system if it included other information, or whether that
would be too burdensome for the State. The question is, does the failure to put on ameliorative information convince you that the legislature
was simply not telling the truth when it ...
11 Dec, 2008 3:03 am
... s motion for summary judgment. Phillips controls. The trial court judgment is reversed, and judgment is entered in favor of Doe. Rule 84.14. Discussion In Phillips, the Court
determined that a law requiring registration as a sex offender for ... whether to revoke probation has been deferred pending resolution of this case. Because of the possibility of
probation revocation, the issue of Doe's duty to register is not moot. ..News Source.. by . The Truth from: Sex Offender Issues, News & Research ...
11 Jun 4:59 am
The Associated Press reports that the recession is easing up: The economy's sharp downhill slide eased in the late spring and hopes for future business activity improved, suggesting
that the worst of the recession has passed. A Federal Reserve snapshot of economic conditions issued Wednesday found that five of the Fed's 12 regions said the "downward trend is
showing signs of moderating." In addition, "several" regions said their expectations of future business activity have improved, although ...
2 Jun, 2007 8:39 am
... to engaging in sexual conduct with minors abroad. Id. He stip'ed to a 204 month sentence recommendation. Doe asked for a preview of the recommended conditions of supervised
release: the court refused. At sentencing, the district court set over $18,000 ... As Jon Sands noted in his earlier summary below, in evaluating the reasonableness of the restitution
order the Ninth took note that of Doe's bargain restitution, by virtue of the fact that he molested Third World children: "It does not
escape our ...
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