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Opinion Digests

Criminal – Double Jeopardy – Mistrial – 'Manifest Necessity' – Defendant's Failure To Testify (access required)

Although the lawyer for defendant, a local union official on trial for mail fraud and embezzlement, indicated at several points during the trial that defendant intended to testify, his failure to testify after five days of trial during which 20 ...

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Employment – ERISA – 'Excess Benefit Plans' (access required)

Where state insurance commissioners in Virginia and the District of Columbia instructed a financially troubled health insurance company not to make “excess benefit plan” payments to its CEO who retired under pressure, the federal district court did not err in ...

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Criminal – Drug Distribution – Single Or Multiple Conspiracies – Quantities For Sentencing (access required)

Where the district court in sentencing defendant on certain cocaine conspiracy counts aggregated amounts of powder cocaine and of cocaine base in order to invoke the mandatory life provision of 18 U.S.C. § 841(b)(1)(A), this sentence must be vacated. Subsequent ...

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Criminal – Habeas Corpus – Reasonable Doubt Instruction – New Rule – Harmless Error (access required)

Although this court earlier held that the trial court’s jury instruction, which equated “reasonable doubt” with “substantial doubt,” unconstitutionally diluted the reasonable doubt, on remand from the U.S. Supreme Court, this court now concludes that the instructions, taken as a ...

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Antitrust (access required)

Durable Medical Equipment Sales Although plaintiff vendor of durable medical equipment suffered a decline in market share after a hospital it served contracted with another vendor of “DME” that rented and sold equipment from office space provided in the hospital, ...

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Taxation – IRS Lien – Attorney's Lien – Superpriority (access required)

Although the Internal Revenue Code, 26 U.S.C. § 6323(b)(8), grants a superpriority to an attorney’s lien in some circumstances, the district court here will apply an exception to that superpriority which allows the IRS to continue in its first-in-time priority ...

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Bankruptcy – Corporate – Agency – Mere Continuation Doctrine (access required)

Where the president and sole shareholder of debtor corporation hired two investment bankers to raise money to build a television station, and the president signed the contract with the bankers twice, once in his official capacity and again in his ...

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Bankruptcy – Dischargeability – False Pretenses (access required)

Where debtor’s loan agreement with the individual investor provided that the $90,000 loaned by the investor would be used to construct pre-sold homes in Albemarle and Greene counties, but instead the debtor used the loan to pay personal expenses, the ...

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