Cases

ORDER Upon the vote of a majority of the regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Rule 25 of the Rules of the United States Court of Appeals for the Ninth Circuit. The previous three-judge panel assignment is withdrawn.

TANG, Circuit Judge, dissenting: I dissent. Despite the majority’s attempt to distinguish Wood v. United States, 590 F.2d 321 (9th Cir.1979), I believe that Wood requires reversal of the tax court. First, the majority casts the § 105(c)(2) computation “with reference to the nature of the injury” requirement in a form Congress could not have intended. The majority states th

SHIVERS, Judge. Appellee/cross-appellant R.L. Schreiber Food, Inc. and U.S. Fidelity and Guaranty Company, the employer/carrier, appeal from an order they allege is erroneous because it awarded attorney’s fees without an explicit finding of bad faith. The issue on appeal is whether a deputy commissioner may award attorney’s fees based on a claimant’s economic loss without making a concurrent finding that the carrier acted

GLICKSTEIN, Judge, specially concurring. I hesitate to write because of concern for detracting from the majority opinion, in which I concur. Nevertheless, I add a thought that should be obvious to litigants; namely, that in resolving differences by way of settlement which the parties wish the trial court to ratify by order, litigants may agree that each party shall bear his own costs and attorney’s fees.<

ORIE MELVIN, J., The plaintiff, Marilyn Cooper Ashoff, an individual, Lori Galiyas, an individual, and Falco A. Muscante, Esq., an individual, filed an action alleging defamation, invasion of privacy, intentional interference with business relationships, injurious falsehood, civil conspiracy, slan*302der and intentional infliction of emotional distress, for a to

MEMORANDUM ** Cornelius Bell appeals pro se from the United States Tax Court’s decision which denied his petition for redetermination of federal income taxes owed for tax year 2002. We have jurisdiction under 26 U.S.C. § 7482(a), and we affirm. We review de novo the Tax Court’s conclusions of law, and for clear error, its *465fin

739 F.Supp.2d 770 (2010) Donna L. HAGEN, Individually and as Executrix of the Estate of Malcolm Hagen, Plaintiff, v. BENJAMIN FOSTER CO., et al., Defendants. MDL No. 875. Civil Action No. 07-63346. United States District Court, E.D. Pennsylvania. September 24, 2010. *771 Michael J. Zukowski, K & L Gates, Pittsburgh, PA, Chris

MILLS, Judge. Ebasco and Florida Power and Light appeal a compensation order charging Florida Power and Light, self-insured, with medical benefits subsequent to a 27 November 1979 accident, and U.S. Fidelity & Guaranty, as Florida Power and Light’s carrier, for medical benefits during the period 22 June 1977 through 27 November 1979. We affirm. Mohrbeck has suffered a series of back injuries over the yea

PER CURIAM. Appellants challenge the finding of the judge of industrial claims that claimant’s attorney is entitled to an attorney’s fee of $1,000 based upon the fact that benefits accorded claimant by a settlement agreement exceeded the amount originally offered claimant prior to his obtaining counsel. Additional medical examination was voluntarily provided upon request. A prior order approved the parties’ joint petition sub

PER CURIAM. AFFIRMED. MILLS, C. J., and McCORD, J., concur. BOOTH, J., dissents with opinion.

MEMORANDUM JOHN T. NIXON, Chief Judge. This is a civil action commenced by the plaintiffs, Charles W. Webster and his wife, Betty H. Webster, on August 25, 1993, against the defendant, the United States Internal Revenue Service Department of the Treasury (IRS) to recover taxes collected by the IRS in alleged violation of 26 U.S.C. § 105(c). Plaintiffs seek a judgment for the return of a total of $

FINDINGS OF FACT AND CONCLUSIONS OF LAW PANNER, District Judge. Plaintiff Breakers Point Homeowners Association brings this action against defendant Resolution Trust Corporation, the receiver of The Benj. Franklin Federal Savings and Loan Association (Benj. Franklin), pursuant to 12 U.S.C. § 1821(d)(6). Plaintiff holds a claim against Benj. Franklin which defendant has classified as a Priority 7 under 12

528 So.2d 458 (1988) Franklin COPELAND, Appellant, v. John L.A. BOND and Liberty Mutual Bond Insurance Company, Appellees. No. 87-685. District Court of Appeal of Florida, First District. July 1, 1988. Rehearing Denied August 10, 1988. Mark L. Zientz, of Williams & Zientz, Coral Gables, for appellant. Anthony J. Beisler, Ft. Lauderdale, f

Re Dkt No. 13208 ALLOCATION TRIAL OPINION1 KEVIN GROSS, UNITED STATES BANKRUPTCY JUDGE TABLE OF CONTENTS INTRODUCTION.. .499 PROCEDURAL SUMMARY ...500 FACTS ...502 A. The Business Lines... 502 B. Research & Development.. .504

OPINION M. SMITH, Circuit Judge: The tax court determined that the “amount actually distributed” 1 when a couple received ownership of two life insurance policies after their employer woúnd down their employees’ benefit trust was “the fair market value of what was actually distributed.”

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0703-14T2 STATE OF NEW JERSEY, Plaintiff-Respondent, APPROVED FOR PUBLICATION v. August 26, 2016 AMBOY NATIONAL BANK ACCOUNT NUMBER

PER CURIAM. By petition for writ of certiorari we have for review an order of the Flordia Industrial Commission hearing the date November 9, 1965. After oral argument and upon consideration of the petition, the cross-petition, the record and briefs, we conclude that there has been no deviation from the essential requirements of law. The petition and cross-petition are therefore denied.

JOANOS, Judge. In this workers’ compensation case, the claimant appeals the final order of the deputy commissioner which denied his claim for temporary total disability benefits (TTD) or temporary partial disability benefits (TPD), wage loss benefits, attorneys' fees, and costs. Claimant has raised two issues on appeal which, for ease of discussion, we state as three issues. Claimant alleges the deputy commissioner erred (

682 F.Supp. 329 (1988) John F. PAUL and Anne P. Paul, Plaintiffs, v. UNITED STATES of America, Defendant. No. 86-74911. United States District Court, E.D. of Michigan, S.D. January 6, 1988. *330 William Thompson, Southfield, Mich., for plaintiffs. David Grossman, Trial Atty., Tax Div. Dept. of Justice, Washington, D.C., El

SKOPIL, Circuit Judge: This is an appeal from a sentence imposed under the Sentencing Reform Act of 1984 and the sentencing guidelines issued pursuant to 28 U.S.C. § 994 (Supp. V 1987). We are asked to determine whether the district court erred by refusing to depart downward from the applicable guideline range. We conclude that the district court’s discretionary refusal to depar