Month: February 2021
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SCOTUS Opinion: Dismissal of Claims Under Federal Tort Claims Act Bars Bivens Claims
In Brownback v. King, a student at the University of Michigan was mistaken for a fugitive and tackled and punched by two federal officers. The student sued, alleging tort claims against the federal government under the Federal Tort Claims Act, and separately sued the individual officers under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971). The district ... Read More
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Client Alert: Few Tax Exempt Organizations Examined By the IRS
The Treasury Inspector General for Tax Administration (“TIGTA”) recently issued a report about its review of the Internal Revenue Service’s (“IRS”) examination of tax-exempt organizations.[1] (“TIGTA Report”) The TIGTA Report analyzed examinations conducted by the IRS during fiscal year 2019. TIGTA found that there are many obstacles to overcome in order for IRS’ examiners to detect noncompliance by ... Read More
TAGGED: irs, tax exempt organizations, nonprofits, TIGTA, Form 990
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SCOTUS Opinion: Court Deals Trump Two More Defeats
Today the U.S. Supreme Court declined to hear two appeals by former President Donald Trump, one of which may be setting up further legal troubles for him. In Trump v. Vance, the Court, without any dissent, declined to hear Trump’s last-gasp attempt to stop the Manhattan district attorney’s subpoena seeking Trump’s tax records as part of an investigation into Trump’s ... Read More
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SCOTUS Opinion: Court Enjoins California’s Ban On Indoor Church Services
Due to the ongoing coronavirus pandemic, California’s governor issued several restrictions on indoor church services: (1) a 25% capacity limitation; (2) a prohibition on singing and chanting; and (3) a total prohibition on all indoor worship services. Several churches filed suit, and sought an order to preliminarily enjoin the restrictions because they violated the First Amendment. A fractured Court, by a ... Read More
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Year in Review: Outcomes of Professional Licensing Board Matters in 2020
Jackson & Campbell’s Health Law Practice Group regularly represents doctors, dentists, nurses, and other healthcare providers in investigations before state licensing boards. Despite the decrease in visits to outpatient practices this year due to the pandemic, complaints against healthcare providers continued unabated. During 2020, Jackson & Campbell’s attorneys defended more than a dozen healthcare providers against complaints filed with ... Read More
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SCOTUS Opinion: Judicial Review Available For Claims Under Railroad Retirement Act
In Salinas v. United States Railroad Retirement Board, a Union Pacific Railroad employee applied for disability benefits under the Railroad Retirement Act of 1974. His first three applications were denied, but he was awarded benefits on the fourth. He then moved to reopen his third application, but the Board denied the request. The employee sought judicial review, but the Fifth ... Read More
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SCOTUS Opinion: Court Thwarts Efforts To Reclaim German Artifacts
During the Weimar Republic, a consortium of German Jewish art dealers purchased a collection of medieval relics known as the Welfenschatz for preservation. When the Nazis took over Germany, they forced the consortium to sell the relics to the government for a third of their value. Heirs of the consortium failed to recover the artifacts in Germany, so they filed ... Read More
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Client Alert: Chicago Title Insurance Co. v. Allynnore M. Jen
Last Thursday, the Court of Special Appeals of Maryland issued an opinion on an insurance coverage matter that only eight (8) jurisdictions have issued a published decision on since 1951. Fortunately for the title insurer, the Court of Special Appeals sided with the majority and joined seven (7) of those jurisdictions. While the case raises other issues such as the ... Read More