Category: Commentary

Specialized Judges to Handle Complex Business / Commercial and Construction Litigation

Effective Jan. 1, 2015, the NJ Judiciary will be utilizing a Complex Business Litigation Program to address complex business, commercial and construction cases with damage calculations exceeding $200,000.  Cases with smaller damage calculations may otherwise qualify based on the complexity of legal or factual issues a large number of parties complex discovery issues, including large volumes of documents …

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IRS Continues to Overpay Billions on the EITC

In accordance with Executive Order 13520, Reducing Improper Payments and Eliminating Waste in Federal Programs, Federal agencies are accountable for reducing improper payments while still providing access to beneficiaries.  The IRS estimates that the participation rate under the Earned Income Tax Credit (EITC) was nearly 80 percent, but this comes at a high cost.  A recent …

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A Fishy Application of the Sarbanes Oxley Act

The Supreme Court has been asked to decide the case of a commercial fisherman accused of harvesting fish too small to meet federal fishing guidelines.  The reason the highest court in the US will hear the case?  Federal prosecutors have applied provisions of the Sarbanes-Oxley Act in trying their case. The scope of such application is …

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Should The Elderly Be Paying More for Movie Tickets?

A recent article in Bloomberg BusinessWeek discussed how in contrast to past generations, American seniors currently make up one of the wealthiest segments of the US population. According to Bloomberg, a combination of strong saving habits (honed from having lived through the Great Depression) and advantageous timing (having come of working age just after WWII …

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Permanent link to this article: https://betweenthenumbers.net/2014/12/should-the-elderly-be-paying-more-for-movie-tickets/

Over $100 Billion In Improper Federal Payments Occur Each Year

The U.S. Government Accountability Office (“GAO”)  testified before Congress to describe the breakdown of over $100 billion of improper federal payments in 2013.  Such errors included tax credits for those not entitled to them, unnecessary Medicare payments, and unemployment benefits for “under the table” workers, among others.  Shockingly, these types of monumental errors are generally repetitive and …

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Permanent link to this article: https://betweenthenumbers.net/2014/07/over-100-billion-in-improper-federal-payments-occur-each-year/

From Hoops to Riches?

Forbes recently released its annual business valuations of National Basketball Association teams, concluding that most teams became much more valuable since last year (average annual growth of roughly 24%). At $1.35 billion, the LA Lakers for example, are reportedly worth 35% more today than they were a year ago. This year’s growth among all 30 …

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Permanent link to this article: https://betweenthenumbers.net/2014/01/from-hoops-to-riches/

‘Twas the Season to Pirate New Christmas Movies

When it came to satisfying their craving for Christmas movies, many people took to the internet in 2013 to pirate their favorite seasonal films. The rate by which these movies were downloaded provides one measure of the relative popularity of various Christmas titles. According to recently reported data, which records download counts of 33 pre-selected …

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An example of a proper expert exclusion under Daubert

In an unpublished opinion in re: Craig Moore vs. International Paint, L.L.C., (No. 13-30281, November 15, 2013) the Fifth Circuit upheld the District Court’s exclusion of an expert witness and the related Summary Judgment Order. The case provides a worthwhile primer on when a Daubert motion should be successful. Too often, judges go beyond the …

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Permanent link to this article: https://betweenthenumbers.net/2013/12/an-example-of-a-proper-expert-exclusion-under-daubert/

IRS finalizes delayed start date to start accepting returns

In October the IRS announced that the government shutdown would delay the start of the 2014 tax filing season at least a week and likely more.  According to the IRS announcement: “The government closure came during the peak period for preparing IRS systems for the 2014 filing season. Programming, testing and deployment of more than …

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States Continue to Search for Ways to Save on Judicial Resources

Since the “Great Recession”, cost saving on litigation continues to be a grave concern for practically everyone involved.  The states’ judiciary systems are just one of the many; attempting to save costs on judicial resources, states continue to put pressure on both parties to settle.  Florida recently passed a Proposal for Settlement Statute related to …

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Permanent link to this article: https://betweenthenumbers.net/2013/12/states-continue-to-search-for-ways-to-save-on-judicial-resources-2/