By Jessica Surber, attorney
English, Lucas, Priest and Owsley, LLP
A Missouri jury found in favor of a woman who developed ovarian cancer after long-term use of talcum powder in her genital area, awarding her $70 million in damages in late October.
This is the third large verdict against Johnson and Johnson in 2016, with two other juries handing out $55 million and $72 million verdicts to women or their families who were affected by ovarian cancer after the women’s long-term use of talcum powder products. Johnson and Johnson is the maker of Johnson’s Baby Powder and Shower to Shower, both products containing talc that have been used by women in the genital area for decades. The public recently learned that Johnson and Johnson and other companies knew of this product’s link to ovarian cancer, but continued to market the product as safe for such use. Read More
In Kentucky, basic reparations benefits (BRB) are typically available without regard to fault in an automobile accident case, up to the insured's policy limits for such benefits.
Recently, the state's appellate court was called upon to review the procedures of a particular insurance company that had made it a practice to terminate such benefits based solely on "paper reviews" of its insured's medical records. Read More
By Nathan Vinson, Attorney
English, Lucas, Priest and Owsley, LLP
Everyone who owns a home gets a bill from their local municipality for property taxes. It’s not a surprise that it’s coming. Most of us sigh, write the check (or let your mortgage holder do it) and move on, wondering what that money really does, anyway. (Short answer: it funds governments and schools.)
But every now and then, you get a property tax bill that makes you do a double-take because it is larger than you expected. There are a few reasons this can happen.
Your local government entity increased its tax rate.
Your property was recently re-assessed, and the value has increased.
A new tax referendum passed, increasing your rate.
Someone made a mistake.
You don’t have to accept the tax bill you’re sent if you truly believe the tax rate or assessment is wrong. You can protest – and I’ll walk you through how to do that. Read More
Pursuant to the Tennessee Governmental Tort Liability Act, certain governmental entities can be held liable for damages resulting from their negligence. In this bus injury case, the plaintiff won the first round, but a higher court overturned the ruling.
In order to succeed in such a negligence case, the plaintiff must show that the defendant owed a duty of care to the plaintiff, that the defendant engaged in conduct that amounted to a breach of that duty, that the plaintiff sustained an injury or loss, and that there was causation (both causation in fact and proximate or legal causation). If any of these elements fails, so does the plaintiff's cause of action. Read More
When a person is involved in a motor vehicle accident, he or she typically expects there to be a dispute about who was at fault or how much the claim is worth. What most people do not expect, however, is that a "routine" car accident case can quickly escalate into a battle with one's own insurance company.
A recent case decided by Kentucky's intermediate court of appeals illustrates the difficulties that can arise when an insured's expectations as to what is provided under a policy do not line up with the language of the actual document. The case came down to what type of insurance would be paying the claim: uninsured motorist or liability insurance coverage. Read More
By Nathan Vinson
The IRS recently enacted a new IRA rollover rule that’s actually good for consumers, and something that can really help you – but it is a lot more complicated than it appears on the surface. Essentially, the IRS is now giving you a year to roll your old retirement account into a new account or IRA, but only if you’ve faced difficult circumstances that delayed you from making the transaction.
In the past, once you leave a job, you may have received a check for the balance of the funds in your 401(k) (or 403(b) or 457 plan, which are used by non-profits and government agencies, respectively). Once the check is in the mail, you’ve traditionally had 60 days to roll that money into an IRA or other qualifying retirement account.
The administrator of the retirement plan is required to withhold taxes plus a penalty from your check, and will report that to the IRS. You won’t see the withheld money again, unless you roll over the funds within that 60-day time period.
The basic concept is that Uncle Sam wants you saving for retirement, and penalizes you if you don’t keep up with it. Plus, 401(k) money goes into the account pre-tax, so it’s their chance to tax the money – and as we all know, the government never misses a chance to grab some dollars. Read More
