Maccaulay v. U.S. Foodservice, Inc.

1 Citing case

  1. Hulstedt v. City of Scottsdale, Arizona

    No. CV-09-1258-PHX-GMS (D. Ariz. Jul. 18, 2011)

    Accordingly, "[f]ederal courts are not authorized to render advice to persons contemplating . . . acts." MacCaulay v. U.S. Foodservice, Inc., 152 F.Supp.2d 1229, 1230 (D.Nev. 2001) (citing Muskrat v. United States, 219 U.S. 346 (1911); United States v. Fruehauf, 365 U.S. 146, 157 (1961); and Jones v. Griffith, M.D., 870 F.2d 1363, 1366 (7th Cir. 1989)). In MacCaulay, for example, the district court held that the parties' stipulation and request for a ruling whether an employer needs to withhold payroll taxes on a back and front wage award in a settlement was a request for a prohibited advisory opinion.