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...when the Supreme Court ruled in the case of Herbert vs. Lando that plaintiffs in a libel suit have the right to probe into a journalist's "state of mind," many in the media bitterly protested. The courts, journalists argued, had become a kind of thought police, who licensed fishing expeditions into editorial decision making that would inevitably chill freedom of the press...

Author: /time Magazine | Title: No Case, Colonel: A new twist in a long libel suit | 6/21/2005 | See Source »

...case of Herbert vs. Lando has taken another twist, one that has press defenders crowing instead of complaining. Last week the U.S. Court of Appeals in New York simply tossed the libel suit out of court. It had begun more than a decade ago, when Lieut. Colonel Anthony Herbert sued CBS, 60 Minutes Producer Barry Lando and Correspondent Mike Wallace for a 1973 broadcast questioning the Colonel's claim that he had been drummed out of the Army for reporting war crimes to his superiors. In a 43-page opinion, Judge Irving R. Kaufman, a member of the three-judge...

Author: /time Magazine | Title: No Case, Colonel: A new twist in a long libel suit | 6/21/2005 | See Source »

...examples represent just a small sampling from a rising flood of problems growing out of what has become a new national crisis. Given the litigious nature of American society these days, just about any kind of business, profession or government agency is likely to become the target of a suit alleging malpractice or negligence resulting in personal injury. That makes liability insurance, the kind that pays off on such claims, just about as vital as oil in keeping the economy functioning. But in the past two years, liability insurance has become the kind of resource that...

Author: /time Magazine | Title: Nation: Sorry, Your Policy Is Canceled | 6/21/2005 | See Source »

Among professionals, malpractice insurance problems have plagued lawyers, engineers, members of corporate boards and even clergymen. A growing number of clerics are buying, or having their churches buy, policies to protect them against suits like the one brought by a California couple who attributed the suicide of their 24-year-old son largely to inept counseling by his pastors. (That particular suit, filed in 1980, was dismissed for a second time last year; the case is still being appealed.) Suits against doctors, particularly specialists such as obstetricians and neurosurgeons, have been more successful and have led to some...

Author: /time Magazine | Title: Nation: Sorry, Your Policy Is Canceled | 6/21/2005 | See Source »

...same category with dividends and interest. Under the tax laws that applied for those years, unearned income was taxable at the maximum rate of 70%. Baxter said the money was earned income, like a salary, which was taxable at a top rate of 50%. In 1984 he filed suit, contending that his winnings were the product of skill and hard work. Last week the U.S. district court in Nevada agreed and ordered the IRS to give a refund with interest. Said Baxter: "Jack Nicklaus gets to file his prize money as earned income...

Author: /time Magazine | Title: Business Notes: Mar. 24, 1986 | 6/21/2005 | See Source »

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