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“We hope this sentence sends a message that this conduct will not be tolerated in our county.” —Matt Smid, Tarrant County Assistant Criminal District Attorney According to the Tarrant County district attorney’s office, a Tarrant County judge sentenced Richard Livesay to five years in prison after he pled guilty to various charges including fraud and barratry for filing fraudulent hail claim lawsuits. View Full Post
Five Volumes of Blog Posts at Amazon.com “Random Thoughts on Insurance Volume V: Digests from Barry Zalma’s Blog: ‘Zalma on Insurance’” After more than 50 years acting as a claims person and insurance coverage lawyer I enjoy reading court decisions concerning insurance. The idea of this blog is to find new cases that are interesting to me and then write a summary. View Full Post
As advocates for victims whose lives have been turned upside down as a result of the devastating flooding caused by Hurricane Harvey, Hurricane Irma, and Hurricane Maria, we know that one year may not be enough time for flood victims to obtain the estimates and documents necessary to submit their required proof of loss form to FEMA or their flood insurance company. View Full Post
Limits on Indemnification and Advancement for Delaware Corporations Paul Lockwood Arthur Bookout Among the most crucial issues in the world of directors and officers liability are the related questions of indemnification and advancement. Since so many companies are incorporated in Delaware, the laws of indemnification and advancement in Delaware are particularly important with respect to scope of protection available for directors and officers. View Full Post
Louisiana and Parishes Considering How to Realize Benefit from Scotus’ Wayfair Decision – Working to Change Effective Date of Enabling Legislation By Jason Brown, Jaye Calhoun, and Willie Kolarik The Louisiana Legislature is considering last minute legislation to change the effective date of legislation allowing the State to tax remote sellers but has not acted to make other centralized collection legislation operative.  View Full Post
Suddenly Everything Has Changed: United States Supreme Court Adopts an Undefined Uniform Substantial Nexus Standard, Overturns Quill, and Fundamentally Alters the State Tax Landscape in Historic Wayfair Decision By the Kean Miller State and Local Tax Team On June 21, 2018, the Supreme Court of the United States issued its opinion in South Dakota v. Wayfair, Inc., Dkt. No, 17-494, 585 U.S. __ (June 21, 2018).  In addition to overturning the physical presence substantial nexus standard applicable to use tax collection requirements articulated by the court in Quill[1] and Bellas Hess[2], the Court’s far reaching opinion in Wayfair creates an undefined sufficiency test for determining when a taxpayer has substantial nexus with a state for purposes of the dormant Commerce Clause.  View Full Post
Today, the Supreme Court of the United States issued perhaps the most significant and far-reaching decision affecting state sales and use tax collection since its Quill v. North Dakota decision in 1992.  The high court expressly overruled the Quill decision, stating that the decision’s “physical present rule…is unsound and incorrect.”  As a result of today’s ruling, each state is now generally free to require that online retailers having no physical presence in the state (i) register with the state for sales/use tax purposes; and (ii) collect sales/use tax on a retailer’s sales of products or services into the state. View Full Post
Louisiana Board of Tax Appeals Holds that the Individual Net Capital Gain Exclusion Applies to a Multi-Step Transaction By Jaye Calhoun, Jason Brown and Willie Kolarik In Camp v. Robinson, No. 10609D, (La. Bd. Tax App. June 13, 2018), the Louisiana Board of Tax Appeals (the “Board”) held that Louisiana’s Individual Net Capital Gain Exclusion applies to a multi-step transaction.  View Full Post