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Opinion Digests

Labor – NLRB Bargaining Order – Successor Company (access required)

A union’s filing of unfair labor practice charges against a company that had purchased a steel fabricating business and hired 36 of the seller company’s employees constituted a valid bargaining demand and the National Labor Relations Board order requiring the ...

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Corporate – Transactions With Sole Shareholder – Md. Law (access required)

The sole shareholder, officer and director of a corporation did not usurp a corporate opportunity or violate his fiduciary duties in the purchase and lease-back of property and equipment to his corporation in this case decided under Maryland law. Based ...

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Criminal – Sentencing – Downward Departure – Substantial Assistance (access required)

The District Court did not err in denying defendant a continuance to defer his sentencing on drug charges until after the government decided whether to call defendant as a witness at other drug trials so that defendant’s chances of obtaining ...

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Criminal – Jury & Jurors – Allen Charge – Unfair Instruction (access required)

In this drug conspiracy case, the District Court’s Allen instruction to the deadlocked jury was not sufficiently balanced to ensure that the minority on the jury would not be coerced into going along with the majority view, and the conviction ...

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Civil Practice – Collateral Estoppel – Defamation – Malicious Prosecution – Civil Conspiracy (access required)

A marina operator’s antitrust suit against a competitor is collaterally estopped by findings in a state court suit regarding the operation of a restaurant that was part of plaintiff operator’s complex, but that was operated by an entity in which ...

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Intellectual Property – Service Marks – 'CARMAX' & 'Car-X' – Declaratory Relief (access required)

An auto sales and leasing company that also performs some repair and maintenance under the name “CARMAX” cannot sue another car-repair business called “CAR-X” for declaratory relief after the car-repair business sent the sales company a “lawyer’s first letter” asking ...

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Insurance – Life Insurance – Application For Benefits Increase (access required)

An applicant for an increase in life insurance who was informed during a physical examination for the policy that he had an abnormal chest x-ray, and who was diagnosed with lung cancer several weeks later, had a duty to disclose ...

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Commercial – Statute Of Frauds – Computer Purchase – Check As Memo – 'Merchant's' Exception (access required)

A buyer’s practice of sending the seller signed, undated checks for the purchase of computer monitors has raised a genuine issue of material fact whether this “course of dealing” can make the checks qualify as confirmatory writings under the “merchant’s ...

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Civil Practice – Diversity – Removal – Fraudulent Joinder (access required)

A Virginia automobile dealer was not “fraudulently joined” to defeat diversity in a Virginia plaintiff’s products liability suit, and the plaintiff’s motion to remand the case to state court is granted. Defendant manufacturer contends the dealer is only a nominal ...

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