Tag Archives: Ordinary

Litigation Award for Damage to Dairy Farm Ordinary Not Capital

If a dairy farmer receives an award for damages to the farm, is the damage award capital or ordinary?  The distinction is important.  Unlike ordinary income, capital gains are generally afforded lower tax rates and not subject to self-employment taxes.  The … Continue reading

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Takeaway from Recent Decision on Florida Attorney Extraordinary Attorney Fees For Ordinary Administrative Work in an Estate [Florida]

In this case, the Personal Representative sought fees for serving as both PR and attorney for the estate – while not totally clear from the opinion, it appears the PR sought those fees using the presumptively correct fee Florida statutory … Continue reading

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Indiana: Equal Footing Doctrine Means Public Owns Up To The Ordinary High Water Mark

In our experience, rationality often takes a second chair when delving into the question of who may own various parts of beaches. It's certainly true in our home jurisdiction, where any claims to private rights anywhere near a beach can … Continue reading

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New York GBL Section 349 covers ordinary trademark claims, court rules

Mayes v. Summit Entertainment Corp., No. 16-CV-06533, 2018 WL 566314 (E.D.N.Y. Jan. 18, 2017) (magistrate judge)Plaintiffs, eight professional models and actresses, alleged that the owners and operators of a strip club on Long Island (Summit) unlawfully used Plaintiffs’ images in … Continue reading

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Terms Susceptible to Their Ordinary Meaning are Not Means Plus Function

Kolcraft Enters., Inc. v. Artsana USA, Inc. d/b/a Chico USA, Inc., No. 13 C 4863, Slip Op. (N.D. Ill. Nov. 14, 2017) (Ellis, J.). Judge Ellis construed the claims in this patent dispute involving infant play gyms. Of particular note, … Continue reading

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