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A decision that I was happy to see as I have long thought that practice unconstitutional and in an event simply wrong. The taxing authority does not have any good claim to anything beyond the taxes, penalties, and interest that were charged for the delinquent tax and any reasonable fees incurred...

No. If the case was frivolous it typically wouldn't make it to trial or summary judgment such that there is a winner or loser on the merits. Generally the determination of a frivolous case is made at the start of litigation because the whole purpose is to avoid wasting court time on frivolous...

Normally you file a claim for reimbursement of attorney's fees with the court that decided the case. That's because that judge is already familiar with what occurred in the case and is best situated to determine if your opponent should be required to reimburse you and how much you should get...

If there is an actual rule/regulation on the matter that mandates at least a certain level of investigation or action by the agency then the agency will take action to follow the rule/regulation. The agency does not get to pick and choose what to do when a statute or regulaton mandates the...

No, there is no such law. If the federal official isn't doing his/her job well, that's an issue for agency management. When I worked for IRS there were some letters that I received from the public that I could immediately tell weren't worth my time to read in detail, let alone take any action on...

Welkin provided a pretty good explanation of the general process used in most states. You'll get some time to pay it, but all the while interest is being added to what you owe. If your state indexes the interest rate to some widely used interest rate then the interest rates now will be rather...

It's not the fee itself that I would object to. The fee is spelled out in the fee agreement, and as long as the client reads it he or she knows they are signing up for a $700/hour lawyer. If a client chooses to do that, that's on the client, not an ethical lapse of the lawyer. What I object to...

That's fascinating. I would never have thought tears to be an area that was worthy of a lot of study. So much about ourselves that we still don't know! :D

No, they didn't. What they told the employees is to talk to the company first before responding to the EEOC. That is not interfering with the EEOC's investigation. The EEOC investigators surely know that anyone they wish to interview has a right to consult an attorney before answering questions...

That's standard operating procedure for most large and midsize companies that get sued. The reason for it is nothing nefarious (usually). Rather it's to ensure that the employee won't say something that inadvertently would appear to be negative for the organization. Witnesses often don't realize...

I wouldn't go with any of those attorneys who advertise on TV, radio, buses and billboards in my area either. Well, I think you mean the costs can be anything associated with litigating the case. That's not quite true. Some costs are excessive and clients need to spend the time reviewing their...

Each lawyer's billing practices are a little different. But one thing is consistent among good attorneys: they don't pad their costs to extract more money from the client. A lawyer caught doing that is likely looking at at least a few years suspended from the practice of law and a public record...

Colorado is just the first state to have its decision to keep Trump off the ballot upheld by its Supreme Court. It will be interesting to see just how broad or narrow the decision ends up being. If the Court upholds the state's ruling by saying the Constitution bars Trump from the presidency...

The Constitution gives the federal government the exclusive power to make foreign policy and decide immigration policy. The federal courts have so far been consistent in that interpretation of the Constitution. On this point I don't see the current Supreme Court tossing out decades of precedent...

Perhaps there are some areas where that arrangement would be typical, but where I have practiced, and the firm I'm associated with now, the typical personal injury fee agreement is ⅓ of the money obtained for the client up to AND including the trial. The fee agreement also specifically states...

I never intended to suggest it is instant. An indeed it is pretty much guaranteed that it is not required to be instant. But at the same time if the OP really wants the stuff (and not just the monetary value of it) he or she would need to file an action in court to at least stay the sale of his...

Ask your union rep what the union's position is and if they know whether the company sees it the same way. The whole point of a union is that your union is the intermediary between the union members and management. The union struck the deal. It should know what to expect with regards to how fast...

I can see a possible Constitutional argument that you are being deprived of property without due process. But to launch that fight would cost you a lot more than the value of the stuff you are trying to retrieve, would take years to litigate to conclusion, and there's no guarantee the federal...

I'd expect a statement like that from someone who advocates for shorter copyright term. But he's wrong that it would literally be costless. There's not insignificant amount of money that goes into legislation — the salaries of the House and Senate members for the time they spend it, and the...

Right, most of the states that have gotten rid of their criminal defamation laws and slowly the rest are moving to do that too. I don't know if whatever source Google gave you as the current list of states that still have it because it's been awhile since I did the research checking the statutes...