Us Supreme Court Court December 1994 Judgments
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Nebraska Dept. of Revenue Vs. Loewenstein
Court: US Supreme Court
Decided on: Dec-12-1994
Nebraska Dept. of Revenue v. Loewenstein - 513 U.S. 123 (1994) OCTOBER TERM, 1994 Syllabus NEBRASKA DEPARTMENT OF REVENUE v. LOEWENSTEIN CERTIORARI TO THE SUPREME COURT OF NEBRASKA No. 93-823. Argued October 11, 1994-Decided December 12, 1994 Respondent, a Nebraska resident, owns shares in mutual funds (Trusts) that earn some of their income by participating in "repurchase agreements" (repos) involving federal debt securities. In such a transaction, the party holding the securities (Seller-Borrower) transfers them to the Trusts in return for a specified amount of cash. At a later date, the Trusts deliver the securities back to the Seller-Borrower, who credits to the Trusts an amount equal to the cash transfer plus interest at an agreed-upon rate that bears no relation to the yield on the underlying securities. Ultimately, the Trusts' interest income is distributed to respondent in proportion to his shares in the Trusts. Mter petitioner issued a Revenue Ruling concluding that in...
Milwaukee Brewery Workers' Pension Plan Vs. Jos. Schlitz Brewing Co.
Court: US Supreme Court
Decided on: Dec-05-1994
Milwaukee Brewery Workers' Pension Plan v. Jos. Schlitz Brewing Co. - 513 U.S. 414 (1994) OCTOBER TERM, 1994 Syllabus MILWAUKEE BREWERY WORKERS' PENSION PLAN v. JOS. SCHLITZ BREWING CO. ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT No. 93-768. Argued December 5, 1994-Decided February 21,1995 The Multiemployer Pension Plan Amendments Act of 1980 (MPPAA), 29 U. S. C. 1381-1461, permits an employer withdrawing from an underfunded multiemployer pension plan to "amortize" the charge it is required to pay to cover its fair share of the plan's unfunded liabilities by making installment payments to the plan. Following the August 14, 1981, withdrawal of respondent Schlitz from petitioner multiemployer pension plan (Plan), a dispute arose as to when, for purposes of calculating Schlitz's amortization schedule, interest began to accrue on the company's withdrawal charge. The Plan claimed that accrual began on the last day of the plan year preceding with...
Harris Vs. Alabama
Court: US Supreme Court
Decided on: Dec-05-1994
Harris v. Alabama - 513 U.S. 504 (1994) OCTOBER TERM, 1994 Syllabus HARRIS v. ALABAMA CERTIORARI TO THE SUPREME COURT OF ALABAMA No. 93-7659. Argued December 5, 1994-Decided February 22,1995 Alabama law vests capital sentencing authority in the trial judge, but requires the judge to "consider" an advisory jury verdict. Mter convicting petitioner Harris of capital murder, the jury recommended that she be imprisoned for life without parole, but the trial judge sentenced her to death upon concluding that the statutory aggravating circumstance found and considered outweighed all of the mitigating circumstances. The Alabama Court of Criminal Appeals affirmed the conviction and sentence, rejecting Harris' argument that the capital sentencing statute is unconstitutional because it does not specify the weight the judge must give to the jury's recommendation and thus permits the arbitrary imposition of the death penalty. The Alabama Supreme Court affirmed. Held: The Eighth Amendment d...
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