- 2nd Circuit Court holds that public employer may be liable for liquidated damages under ADEA
A public employer may be held liable for liquidated damages for a willful violation of the ADEA, the 2nd Circuit has ruled. Two employees of the New York Transit Authority, who were 59 and 62 years old, received provisional promotions from helpers to electronic equipment maintainers. They were not trained ......
- Annual survey of fidelity and surety law, 2001 - part I
HEADNOTE This roundup of recent cases covers public and private constructions bonds, fidelity and financial institution bonds, and sureties' remedies I. PUBLIC CONSTRUCTION BONDS A. Bonds under Federal Laws 1. Procedural Federal government's suit against Miller Act surety for additional costs of completion barred by six year statute of limitations....
- Legal Notes
IMAGE ILLUSTRATION 1 JMD Holding Corp. v. Cong. Fin. Corp., No. 40, 2005 N.Y. LEXIS 703 (N.Y. Mar. 31, 2005) (Early termination fee clause in revolving credit agreement upheld.) In a significant victory for commercial lenders, New York State's highest court has ruled that a lender may collect the contractually ......
- An Unconscionable Clause
HEADNOTE CONSTRUCTION/CONSUMER In a construction defect dispute, the Arizona Supreme Court did not enforce an arbitration clause that was inconspicuous, downplayed as unimportant by the seller's agent, and failed to inform that important state law rights were being waived. D.R. Horton, Inc., a real estate developer, and the buyers entered ......
- Supreme Court says age discrimination damages are
taxable.
The U.S. Supreme Court recently said liquidated damages stemming from an age discrimination claim filed under the Age Discrimination in Employment Act (ADEA) are not tax-free. Schleier, an airline pilot, was fired because he reached age 60. He brought an age discrimination claim against his employer under ADEA, which gives ......
- Two conflicting decisions on excludability of age
discrimination damages.
The Ninth and the Seventh Circuit Courts of Appeals recently came to opposite conclusions regarding the excludability of back pay and liquidated damages received to settle claims under the Age Discrimination in Employment Act (ADEA). In Schmitz, the Ninth Circuit said a 1986 award in settlement of a suit under ......
- Tax aspects of personal injury
awards.
A new law says punitive damages and nonphysical injury awards are taxable. Congress has finally ended years of litigation concerning the taxability of punitive damages and damages for nonphysical injuries such as gender and age discrimination. The Small Business Job Protection Act (SBJPA) that President Clinton signed into law on ......