Category: Lost Earnings

Is Uber a Connectivity App or an Employer?

Uber identifies itself as a tech company which developed an app to connect livery car drivers with a network of registered users in need of rides.  Whenever a connection is made and a service is provided, Uber collects a 20% fee. However, some fail to see the difference between Uber and a cab company in …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2014/02/is-uber-a-connectivity-app-or-an-employer/

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In an unpublished opinion in re: Craig Moore vs. International Paint, L.L.C., (No. 13-30281, November 15, 2013) the Fifth Circuit upheld the District Court’s exclusion of an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 …

Continue reading

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

Use an independent service to help protect against California’s new $10,000 penalty for whistleblowers

Employees have protection as whistleblowers from a wide variety of federal and state laws. Effective January 1, 2014, California added SB 486 to this list of legal protections. The new California law broadens an employee’s right to pursue legal action if retaliated against for reporting suspected wrongdoing. Perhaps most importantly, the law creates a civil …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2013/12/use-an-independent-service-to-help-protect-against-californias-new-10000-penalty-for-whistleblowers/

1 inch is NOT worth $773 million in revenue

Earlier this year, an MSN Money article about Southwest suggested that by reducing legroom one inch at every seat on every aircraft Southwest flies, the airline will generate approximately $773 million more in top-line revenue. Apparently, reducing each aircraft’s seat pitch, otherwise called legroom, by one inch allows Southwest to install an additional aisle of seats, …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2013/11/1-inch-is-not-worth-773-million-in-revenue/

Bottega Veneta successfully trademarks it’s signature design element

The Trademark Trial and Appeal Board (“TTAB”) has ruled in re: Bottega Veneta International S.a.r.l., no. 77219184 (TTAB Oct. 4, 2013) that protection is appropriate for Bottega Veneta’s signature “weave design, described as a: “configuration of slim, uniformly-sized strips of leather, ranging from 8 to 12 millimeters in width, interlaced to form a repeating plain or …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2013/10/bottega-veneta-successfully-trademarks-its-signature-design-element/

$1.9 Million to Whistleblower CFO

The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) ordered Clean Diesel Technologies Inc.(“CDTI”) to pay $1.9 million to its former chief financial officer in association with a violation of the whistleblower provisions of the Sarbanes-Oxley Act. OSHA determined that CDTI wrongfully terminated the former CFO in April 2010 after he warned the board …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2013/10/1-9-million-to-whistleblower-cfo/

Tax Treatment for Employee Litigation Settlements

The IRS recently issued Chief Counsel Advice (CCA) Memorandum 20133501F, which addresses the appropriate tax treatment for litigation settlements with current or former employees.  The guidance was as follows: “When are attorney’s fees paid by an employer as part of a settlement agreement with a former employee subject to employment taxes? In the absence of a …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2013/09/tax-treatment-for-employee-litigation-settlements/

Pay more attention to compensatory damages: Punitive damages remain limited to simple multipliers

In Nickerson v. Stonebridge Life Insurance Company (B234271, Aug. 29, 2013), the California Court of Appeal affirmed the trial court’s reduction of the jury’s punitive damage award to ten times the tort damages. In reaching this decision, the Appellate Court extensively discussed the defendant’s conduct, and its application under federal and California punitive damage law. …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2013/09/pay-more-attention-to-compensatory-damages-punitive-damages-remain-limited-to-simple-multipliers/

Big setback in California to reclassify workers as employees

On July 11, 2013, in re: Beaumont-Jacques v. Farmers Group Insurance, a California appellate court affirmed summary judgment in favor of an insurance company. The issue was whether a District Manager was properly classified as an independent contractor, rather than an employee. The decision is perhaps not as significant once one understands the underlying written …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2013/08/big-setback-in-california-to-reclassify-workers-as-employees/

The Appropriate Discount Rate in a Lost Earnings Claim

Damage experts don’t always agree regarding the appropriate discount rate and underlying methodology for a lost earnings claim and certain commonly applied methods actually provide a windfall to Plaintiffs.  The chosen rate can make a meaningful difference in the economic damages conclusion.  A recent article, “Lost Compensation Settlement Tool Allows You To Assess Economic Damages …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2013/07/the-appropriate-discount-rate-in-a-lost-earnings-claim/