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Case Digests

Apr 8, 2020

Tax Refund

The Internal Revenue Service (IRS) allows an affiliated group of corporations to file a consolidated federal return.

Apr 8, 2020

ERISA – Fiduciary Duty

The Employee Retirement Income Security Act of 1974 (ERISA) requires plaintiffs with “actual knowledge” of an alleged fiduciary breach to file suit within three years of gaining that knowledge, 29 U. S. C. §1113(2), rather than within the 6-year period that would otherwise apply.

Apr 8, 2020

Sentencing Guidelines

Petitioner Holguin-Hernandez was convicted on drug charges and sentenced to 60 months in prison and five years of supervised release while he was still serving a term of supervised release for an earlier conviction.

Apr 8, 2020

Statutory Interpretation – Armed Career Criminal Act

The Armed Career Criminal Act (ACCA) mandates a 15-year minimum sentence for a defendant convicted of being a felon in possession of a firearm who has at least three convictions for “serious drug offense[s].” 18 U. S. C. §924(e)(1).

Apr 8, 2020

Pleas & Sentencing – Collateral Review

An Arizona jury convicted petitioner James McKinney of two counts of first-degree murder.

Apr 8, 2020

Damages

United States Border Patrol Agent Jesus Mesa, Jr., shot and killed Sergio Adrián Hernández Güereca, a 15-year-old Mexican national, in a tragic and disputed cross-border incident.

Apr 8, 2020

ICARA – Habitual Residence

Petitioner Monasky, a U. S. citizen, asserts that her Italian husband, respondent Taglieri, became abusive after the couple moved to Italy from the United States.

Apr 8, 2020

Pension Benefits – Jurisdictional Defect

In 1979, the Office of the Superintendent of Catholic Schools of the Archdiocese of San Juan created a trust to administer a pension plan for employees of Catholic schools, aptly named the Pension Plan for Employees of Catholic Schools Trust (Trust).

Apr 8, 2020

Mootness

J.J.H. petitioned for review of the decision of the court of appeals, Waukesha Cty. v. J.J.H., No. 2018AP168, unpublished order (Wis. Ct. App. Jan. 30, 2019), dismissing her appeal as moot.

Apr 8, 2020

Claim Preclusion

The Town of Perry (the "Town") acquired a portion of property belonging to DSG Evergreen Family Limited Partnership ("DSG") through its power of eminent domain.

Apr 8, 2020

Sentencing Guidelines – Double Jeopardy – Multiplicity

Fond du Lac County sheriff's detectives arrested Mr. Brantner at the Kenosha County courthouse and transported him to the Fond du Lac County jail to face criminal charges unrelated to this case.

Apr 7, 2020

Mandamus Relief

The respondents in this appeal, who were the plaintiffs in the circuit court, are three Wisconsin taxpayers and registered voters.

Polls

Should additional funding and resources be given to the Secret Service?

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