| Federal Teacher Protection Act -- Punitive Damages |
| The federal Teacher Protection Act (TPA) attempts to limit punitive damage awards against school employees in cases in which they are not immune from liability.More... |
| Recovery by Guest in Automobile Cases |
| A "guest" in an automobile is a person who rides in an automobile driven by another person for his own pleasure or business without paying the driver or conferring any benefit on him. If the guest is injured while riding in the driver's automobile, he may be permitted to recover for any injuries that he suffers. His recovery will depend on whether or not a "guest statute" applies in the jurisdiction.More... |
| Defenses to Torts Involving Interference with a Marital Relationship |
| Even though most torts involving interference with a marital relationship have been abolished in most states and are rare in states that still allow a cause of action for the torts, a third party who is accused of such torts has certain defenses or privileges with regard to the torts. Such defenses or privileges include when the third party is merely giving advice or when a spouse consents to or condones the third party's conduct. More... |
| Taxation of Personal Injury Awards |
| In accordance with Section 104 of the Internal Revenue Code, a taxpayer's gross income does not include any damages that are received on account of personal physical injuries or physical sickness. It does not matter whether the damages have been obtained by a court order or through a negotiated settlement. It also does not matter whether the damages are paid in a lump sum or in accordance with a structured settlement that provides for periodic payments. Therefore, any monetary payments to a plaintiff for the plaintiff's physical injuries are not taxable to the plaintiff.More... |
| Truth and Privilege Defenses to Defamation |
| Defamation lawsuits are not easy to win because the plaintiff must both prove the difficult elements of his or her case and avoid the many defenses to defamation. This article discusses some of the standard defenses to defamation, including truth and privilege.More... |
