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Joye Beth Spinks

By: Joye Beth Spinks (Read bio; 270-781-6500; jspinks@elpolaw.com

Plaintiffs and companies alike may be impacted by shifting jurisdictional boundaries based on a recent Supreme Court decision.

On March 25, 2021, the Supreme Court issued a decision in Ford Motor Company v. Montana Eighth Judicial District (consolidated with Ford Motor Company v. Bandemer). There were two lawsuits at issue, involving automobile accidents in Minnesota and Montana. The first suit alleged that 1996 Ford Explorer malfunctioned, killing the plaintiff. In the second suit, the plaintiff claimed that he was injured in a collision involving a defective 1994 Crown Victoria. Ford moved to dismiss both suits for lack of personal jurisdiction, arguing that the state courts only had jurisdiction over Ford if the company’s conduct in the state had given rise to the Plaintiffs’ claims. The automobiles at issue were only located in the forum States because of resales and relocations by consumers. Neither Plaintiff could show that Ford designed, manufactured, or sold the automobiles at issue in Montana or Minnesota. The Supreme Court held that Ford could be sued in both Montana and Minnesota even though the Ford cars involved in the accidents were manufactured and originally sold in other states.

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By ELPO Law Partner Nathan VinsonNathan Vinson

The IRS announced on Wednesday that it will push back the tax return filing and payment deadlines for individuals to May 17 from April 15 partly due to the new $1.9 trillion relief law and its impacts on 2020 individual income taxes. We emphasize that this extended deadline is only for individuals, and not partnerships, corporations, or other filing entities. It also does not apply to paying estimated first quarter 2021 taxes, if you happen to fall in that category. Of course this is the case for now, but all could change in the next coming days. Regardless, the deadline for individuals will not revert to any date sooner than May 17.

What is relieving, and interesting for a tax professional, is that individuals can also delay paying taxes due on April 15 until May 17. Traditionally, extended deadlines apply to filing returns, but not paying taxes due. Penalties and interest will not start to accrue on unpaid balances until May 17.

By Charles E. “Buzz” English, Jr.

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Buzz English

Has this happened to you…

You sold the goods or provided the services.  The client or customer never questioned the bill or raised any quality issues.  You’re not making an abnormally large profit on this transaction… you just are just looking to get paid so that you can pay your bills. Normally, if a customer does not pay, you would consider pursuing legal action.

But, as we are all well aware, we are in the midst of a pandemic.  Unemployment is at the highest level of modern times.  The latest estimate is that as many as 30,000,000 people are unemployed.  Some businesses have been ordered to close down and others cannot operate because of public health issues.  We may be facing a depression.  But alas, a few businesses have received loans through the Small Business Administration while others may have received grants… which raises the question:  is a customer not paying because it does not have the money or because it is holding on to its cash?

What should you do?  How can you get paid?  How long will this last?  What are your options?

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By Brett Reynolds, Partner

Brett Reynolds

Brett Reynolds

In April 2018, The Trump Administration  signed an Executive Order entitled, “Buy American, Hire American”. The policy directs the Department of Homeland Security to issue H-1B visas to only the most-skilled foreigners or highest-paid beneficiaries.  While this is a laudable purpose, according to new data acquired by the National Foundation for American Policy (NFAP), the USCIS has begun to increase H-1B visa denials and the number of Requests for Evidence (RFEs) issued to H-1B visa. As a result, employers have reported that the time lost due to the increase in denials and Requests for Evidence has cost millions of dollars in fees and delays, while often aiding competitors that operate exclusively outside the United States.  Since the Trump Administration has taken office, the RFEs for H-1Bs have skyrocketed:

Well here we are.  It has been well over a year since the United States Supreme Court’s decision in South Dakota v. Wayfair, Inc.  As a refresher and not to make your eyes agonizingly glaze over with the down and dirty tax details, Wayfair essentially upheld South Dakota’s tax law that required remote retailers with no physical presence in the state to collect and remit South Dakota sales tax.  Prior to Wayfair, states could not require retailers without a physical presence in such states to collect and remit sales tax pursuant to the Supreme Court’s decision in Quill Corp v. North Dakota.

Nathan Vinson

Nathan Vinson

South Dakota’s remote retailer law sets a threshold requirement for its application.  A remote retailer must, on an annual basis, deliver more than $100,000 of goods or services into the state or engage in 200 or more separate transactions for the delivery of goods or services into the state.  The law therefore contains a so-called small retailer exception.

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Sarah Jarboe

On August 21, 2019, a new rule from the Environmental Protection Agency went into effect in Kentucky that could change the way certain healthcare facilities are required to manage pharmaceutical hazardous waste.  The rule is intended to streamline the collection and handling requirements of pharmaceutical hazardous waste and reduce the complexity of hazardous waste regulations that must be followed by healthcare facilities.

What are some of the new requirements?

By Brett Reynolds, Partner
English, Lucas, Priest and Owsley, LLP

Brett Reynolds

Brett Reynolds

Everyone has gotten scam calls and emails. The scammers are getting smarter and more sophisticated, and they’re now targeting law firms and other businesses with well-planned attempts to get money.
The scams have enough legitimacy that they sound like they could be real business transactions. In fact, our own firm was hit with an attempt a few weeks ago that we wanted to tell you about so you can see how these type of scams work, and how you can avoid getting taken.
I was contacted by a local real estate developer who owned several apartment complexes. A buyer in China wanted to buy the properties, and he needed someone to hold earnest money in escrow and assist with any legal details that might arise before he could come to the United States. I agreed to do so. This is fairly standard and something we’ve done in countless deals for clients previously. It didn’t raise any alarms for us that the buyer was overseas. This is quite common. Bowling Green is a fairly diverse city with lots of foreign nationals living and working in our community, and we’re better for it.

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By Aaron Smith, Partner
English, Lucas, Priest and Owsley

The U.S. Supreme Court issued a unanimous ruling this week that municipalities need to carefully consider in their hiring and firing practices.

The ruling indicates that local and state governments are required to abide by the Age Discrimination in Employment Act, which has been in place since 1967. The law was amended in 1974 to specify that it applies to public entities as well.

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By Aaron Smith, Partner
English, Lucas, Priest and Owsley, LLP

Just a few short weeks ago, attorneys Buzz English and J.A. Sowell from our firm took a case to trial because our client felt it was the best option, and we concurred.

In that case, we were defending a truck driver and the company he worked for against a lawsuit filed by a pedestrian he struck at night while driving. Our observation from that case is that sometimes it is best to go to trial — and we had that lesson reinforced for us and our clients again this week in Simpson Circuit Court.

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By Buzz English, Partner
English, Lucas, Priest and Owsley, LLP

Buzz English

Buzz English

In the modern-day legal system, it is becoming increasingly rare to take a case to a jury trial. But sometimes it is the best course, especially if you believe you are in the right.

In September, I was in Wayne County Circuit Court in Monticello, Kentucky, trying a case filed by a pedestrian who had been struck by my client, Beja Environmental’s driver, John Magazzeni. Attorney J.A. Sowell, also with ELPO, joined me in representing Magazzeni and Beja at trial.

The Plaintiff

Plaintiff, a 68-year-old woman, walked across a bypass road, just past a lighted intersection and Magazzeni collided with her.  Obviously, the accident caused serious injuries, and Plaintiff was life-flighted to the University of Kentucky’s hospital, where she remained for months.  Prior to trial, she claimed Magazzeni ran a red light and hit her.  At trial, now 72 and assisted by a walker, she claimed she was standing on the median when Magazzeni hit her.

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