University of Illinois College of Law
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University of Illinois College of Law |
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Introduction
to Online Legal Research (Westlaw and Lexis)
Professor Callister
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Session:
Fall
- Spring
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| Group Problem: Key Number Searches |  |
G1 |
 |
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The following problems will
be done in the instructional session with a librarian. Please skip
for until your class session.
Problem 1:Find cases in California pertaining to "profit sharing plans" that are similar to In Re Cheng, 943 F.2d 1114, by using West “Key Number Searching.” To
sign onto Westlaw click here.
If you get stuck, use hints. Caplin v. U.S., 718 F. 2d 544 (2d. Cir. 1983), sets forth the criteria by which a profit sharing plan or other qualified retirement plan (a plan which permits employers to contribute a portion of the salaries of their employees without any taxation until withdrawal upon retirement) can serve a dual purpose as a plan providing a tax-free benefit for certain disabilities (i.e., the value of the loss of a function or member of the body). Thus, in some instances, it may be possible to put money away tax-free and to withdraw it tax free. The Second Circuit in Caplin enunciated "indicia" for a dual purpose plan in the first paragraph of p. 549 of its decision. Click here to view. Your firm wants to know whether the indicia or criteria set forth in Caplin have been applied by any federal court including the tax courts and Court of Claims. Use Key Numbers to find similar documents to Caplin in the federal courts. Also compare your results from West Key Number to Lexis "More Like This." To sign onto Westlaw click here. Problem 3: Your client has filed suit against her employer Bank of America for intentional infliction of emotional distress and sexual harassment. Your client has also filed for bankruptcy under Chapter 7. Bank of America is also the largest creditor of the client in bankruptcy and is demanding that the emotional distress and sexual harassment claims be included in the bankruptcy estate pursuant to application of California law (as applied through federal bankruptcy law). Opposing counsel from Bank of America has cited Haaland v. Corporate Management, Inc., 172 B.R. 74 (S.D. Cal., 1989) in support, claiming that only "personal bodily injury" claims are protected in bankruptcy in California. In Haaland, the claim was for malpractice. Using Key Numbers, find out if any other cases in California or the 9th circuit have ruled on the same issue (specifically with reference to emotional distress and sexual harasment claims). To sign onto Westlaw click here. |
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