Quantcast
Home / Opinion Digests (page 3623) /

Opinion Digests

Criminal – Drug Possession – National Park – Special Probation (access required)

Where defendant was convicted of simple drug possession in a national park in violation of 36 C.F.R. § 2.35(b)(2), the district erred in concluding that it lacked discretion to consider special probation under 18 U.S.C. § 3607(a) for defendant; § ...

Read More »

Criminal – Drug Conspiracy – Joint Drug Purchases (access required)

Although an alleged drug co-conspirator had stated that the defendant “got his stuff on his own and he sold it on his own,” there nevertheless was sufficient evidence for the jury to conclude that defendant was in fact a part ...

Read More »

Civil Rights – Section 8 Housing – Termination For Non-Family Residents (access required)

Where plaintiff’s housing assistance under Section 8 of the U.S. Housing Act of 1937, 42 U.S.C. § 1437f, was terminated for violation of the local housing agency’s rule against having nonfamily members stay with her for a period in excess ...

Read More »

Workers' Comp – LHWCA – Pipe Welder – Maritime Employment (access required)

Where a pipe welder sustained a back injury while working on a pier at a Virginia naval operations base, the pipe welder was engaging in “maritime employment” and was a covered employee entitled to benefits under the Longshore & Harbor ...

Read More »

Administrative – Base Closure Act – Standing – APA (access required)

Where private real estate companies and real estate management companies sued the Base Closure and Realignment Commission, among others, to enjoin the relocation of Navy offices from office buildings owned by plaintiffs, the suit is dismissed because plaintiffs have failed ...

Read More »

Bankruptcy – Lien Avoidance – Docketed Judgment – Impairment Of Exemption – Tenancy By Entirety (access required)

Where the creditor has obtained a judgment lien that was docketed against real property that debtor owns with her non-debtor husband as tenants by the entirety, that lien impairs debtor’s exemption and may be avoided. Although the creditor’s judgment lien ...

Read More »

Corporate – Hostile Takeover Attempt – Virginia Statutory Scheme – Injunction (access required)

Where Tyson Foods is attempting a hostile takeover of a Virginia corporation, and Tyson alleges that certain defensive measures used by the takeover target under four Virginia corporate statutes are illegal, the district court denies Tyson an injunction to prevent ...

Read More »

Bankruptcy – Plan Confirmation – IRS's Secured Claim (access required)

Where no objection was made to the Internal Revenue Service’s proof of claim for both secured and unsecured tax debts, but debtor’s proposed chapter 13 plan listed the debtor’s total federal tax liability as less than the IRS claimed and ...

Read More »

Intellectual Property – Copyright – Home Design – Preliminary Injunction (access required)

Although plaintiff builders copyrighted their design for a style of home they call the “Linwood,” which they claim defendants have infringed in building two houses, the district court declines to grant plaintiffs’ motion for a preliminary injunction to prevent completion ...

Read More »