Quantcast
Home / Opinion Digests (page 3576) /

Opinion Digests

Taxation – Virginia Lottery – Foreign Enterprise's Lottery Winnings – Income Tax Treaty – Injunction (access required)

Where the district court enjoined the Virginia State Lottery Department’s withholding of federal and state income taxes from an Australian trust’s annual installments of its lottery winnings, the district court’s injunction was barred under the Anti-Injunction Act, 26 U.S.C. § ...

Read More »

Search & Seizure – Telephonic Search Warrant – Good Faith Exception (access required)

Where the police had defendant’s home under surveillance and could not spare an officer to obtain a search warrant in person, but an officer recorded his telephone conversation with a state judge during which the officer recited an oath and ...

Read More »

Criminal – Double Jeopardy – Defective Indictment (access required)

Where this court reversed defendant’s original conviction because his indictment count purporting to allege a conspiracy to traffic in fraudulent credit cards failed to allege an effect on interstate or foreign commerce, the government did not violate the prohibition against ...

Read More »

Property – Environmental – Oil Spill – Nuisance – Stigma Damages (access required)

Where plaintiff homeowners are suing defendant oil distribution facility for a diminution in the value of plaintiffs’ homes because of the public’s fears about contamination from an earlier oil spill from defendant’s facility, plaintiffs may not recover for nuisance on ...

Read More »

Employment Discrimination – Race – Differential Discipline – Supervisor's Interpersonal Skills (access required)

Although plaintiff, a female African-American, claims she was dismissed from her supervisory position for her inability to get along with the people she supervised, but that defendant failed to discipline white employees for comparable infractions, the evidence conclusively shows that ...

Read More »

Admiralty – Negligence – Maintenance & Cure – Unseaworthiness – Declaratory Judgment (access required)

Where the boat owner filed a federal declaratory judgment action to establish whether it had any liability for the seaman’s alleged injury, and the seaman thereafter filed a state court action alleging maintenance and cure, unseaworthiness and Jones Act claims ...

Read More »

Property – Easement Over Shore Land – Apportionment – Wire Cable Fence (access required)

Where defendants erected a “wire cable fence” across a portion of shore land abutting plaintiff’s lakeshore property over which defendants had a “shore land easement,” the fence did not encroach upon plaintiffs’ property under the terms of the easement. The ...

Read More »