|
|
|
Court Won't Hear Appeal Of New York Internet Taxation
Law Firm Press |
2013/12/05 14:11
|
The Supreme Court on Monday refused to consider throwing out New York state's taxes on Internet purchases on websites like Amazon.com, a move that could change the way Internet commerce works.
The high court refused without comment to hear appeals from Amazon.com LLC and Overstock.com Inc., in their fights against a state law that forces them to remit sales tax the same way in-state businesses do.
Web retailers generally have not had to charge sales taxes in states where they lack a store or some other physical presence. But New York and other states say that a retailer has a physical presence when it uses affiliates — people and businesses that refer customers to the retailer's website and collect a commission on sales. These affiliates range from one-person blogs promoting the latest gadgets to companies that run coupon and deal sites.
Amazon and Overstock both use affiliate programs. Amazon has been collecting sales tax in New York as it fights the state over a 2008 law that was the first to consider local affiliates enough of an in-state presence to require sales tax collection. Overstock ended its affiliate program in 2008 after the law passed.
The Supreme Court refusal to hear the websites' appeal likely will prompt more and more states to attempt to collect taxes from website purchases. Around 20 states, including New York, already have similar laws on the books. The National Council of State Legislatures estimated that states lost an estimated $23.3 billion in 2012 from being prohibited from collecting sales tax from online and catalog purchases. |
|
|
|
|
|
|
Court Declines To Take Liberty University's Obamacare Lawsuit
Law Firm Press |
2013/12/05 14:10
|
The Supreme Court has turned away a Christian university's attempt to overturn a key part of the Obama administration's health care law.
The justices did not comment Monday in leaving in place a federal appeals court ruling dismissing Liberty University's lawsuit.
Liberty made several arguments in challenging the portion of the health care law that requires most employers to provide health insurance to their workers or pay a fine. The 4th U.S. Circuit of Appeals in Richmond, Va., rejected those claims.
The Supreme Court separately is considering whether for-profit corporations can mount religious objections to the law's requirement to include birth control among preventive health benefits. |
|
|
|
|
|
|
Nevada Supreme Court upholds ethics laws
Court News |
2013/12/02 12:47
|
The Nevada Supreme Court upheld the state's ethics laws on Wednesday while backing the censure of a Sparks councilman for his 2005 vote on a casino project involving his former campaign manager.
In a 5-2 opinion, justices rejected arguments from Sparks Councilman Michael Carrigan that the conflict of interest laws are overly vague and violate constitutional protections of right of association.
Chief Justice Kris Pickering, writing for the majority, said the law serves to ensure that public officers "avoid conflicts between (their) private interests and those of the general public whom (they) serve."
At issue was whether a catch-all phrase in Nevada law extending defined voting prohibitions — such as in matter involving family members, business partners or employers — to any other substantially similar relationship is vague and unconstitutional.
Carrigan was censured by the state Ethics Commission for voting on the Lazy 8 hotel-casino project. Carlos Vasquez, a lobbyist for the project, had served as Carrigan's campaign manager free of charge and placed media ads for the campaign at cost, according to court documents. He also lobbied for the project before the Sparks City Council.
The Lazy 8 was backed by one-time developer and Nevada political powerhouse Harvey Whittemore, who was convicted this year in federal court on felony charges related to illegal campaign contributions made to Senate Majority Leader Harry Reid. |
|
|
|
|
|
|
Black LA firefighter awarded $1.1m in bias lawsuit
Legal News Feed |
2013/12/02 12:46
|
Six years after losing in his first trial, a black Los Angeles firefighter was awarded $1.1 million Monday by a jury that found he suffered discrimination during his nearly three-decade career.
After 16 days of deliberations and a seven-week trial, the jurors found in favor of Jabari S. Jumaane in a lawsuit alleging a pattern of discrimination, harassment and retaliation in the Los Angeles Fire Department.
Jumaane alleged that he was subjected to racial slurs and jokes and that his supervisors falsified his performance evaluations, leading to suspensions and reprimands.
"We are grateful to the jury for this historic verdict which clearly indicts the department and the city for its systemic discrimination and retaliation against black fire members which it has condoned and perpetuated for decades," Jumaane's attorney Nana Gyamfi said in a statement.
Jumaane said he was grateful the jury was able to render the only reasonable verdict.
Attorneys for the city argued that Jumaane's poor performance evaluations were justified, and his harassment allegations were false.
Rob Wilcox, a spokesman for City Attorney Mike Feuer, said the city hasn't yet chosen its next move. |
|
|
|
|
|
Legal Marketing News RSS
