4th Circuit judges give help with ‘Rule of Law’ project

Damages, Fee Award Against Trustees Vacated

By Deborah Elkins
Published: December 13, 2011
Tags: 4th U.S. Circuit Court of Appeals, Judge G. Steven Agee, Labor

Although former trustees of a plasterers’ union pension plan breached their ERISA fiduciary duty by failing to investigate plan investment options and using only certificates of deposit and Treasury bills for a 10-year period, the district court erred in assessing damages against the former trustees without first determining whether the actual investments were imprudent, and [...]

No Injunction for Retirees’ Health Benefits Suit

By Deborah Elkins
Published: August 29, 2011
Tags: 4th U.S. Circuit Court of Appeals, Judge G. Steven Agee, Labor

In plaintiff union members’ lawsuit challenging defendant aluminum manufacturer’s decision to terminate retirees’ health care benefits for employees over 65 who retired between 1985 and 2006, the district court did not err in denying the retirees a preliminary injunction, the 4th Circuit says. Defendant operated a plant in Ravenswood, W.Va. In 2007, it began experiencing [...]

Fake Bail Bondsman Gets More Time for Abuse of Trust

By Deborah Elkins
Published: July 6, 2011
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge G. Steven Agee

Although defendant says North Carolina does not recognize licensed bail bondsmen as having a position of trust, the 4th Circuit upholds a sentencing enhancement for “abuse of trust” for a woman who posed as a bail bondsman to bilk an 80-year-old man out of his savings and real estate when he tried to post bond [...]

Court Rules on Christian Prof’s Speech Claim

By Deborah Elkins
Published: April 14, 2011
Tags: 4th U.S. Circuit Court of Appeals, Employment Discrimination, Judge G. Steven Agee

The 4th Circuit says a district court has to take another look at First Amendment viewpoint discrimination and retaliation claims filed by a university sociology professor who claims he was denied promotion because he is a Christian Conservative who has authored columns on social issues; but the appellate panel upholds summary judgment for defendant university [...]

Enhanced Sentence Turns on ‘Offense’

By Deborah Elkins
Published: February 24, 2011
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge G. Steven Agee

On remand from the U.S. Supreme Court, the 4th Circuit stands by its earlier unpublished opinion and affirms the district court’s use of a prior North Carolina state conviction for purposes of imposing on Jason Simmons an enhanced sentence under 21 U.S.C.§ 841(b)(1)(D). The case is before us after a remand from the Supreme Court.In [...]

Legal Malpractice Plaintiff Gets Habeas Writ

By Deborah Elkins
Published: February 24, 2011
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge G. Steven Agee

Although a South Carolina state court upheld a criminal contempt finding against a legal-malpractice plaintiff who allegedly used a fraudulent letter in his expert’s deposition, the 4th Circuit says the malpractice plaintiff did not receive due process before the state court imposed a six-month sentence, and the appellate court upholds a grant of a writ [...]

Voluntary Payments Not ‘Compensation’ Under LHWCA

By Deborah Elkins
Published: February 23, 2011
Tags: 4th U.S. Circuit Court of Appeals, Judge G. Steven Agee, Workers' Comp

In this first-impression case, the 4th Circuit says the term “compensation” in Section 22 of the Longshore & Harbor Workers’ Compensation Act does not include the payment of medical benefits, and the court upholds the Benefits Review Board’s denial of a shipyard worker’s claim for benefits for her knee injury. We must decide whether “compensation” [...]

Court Upholds Sentence Six Years Over Guidelines Range

By Deborah Elkins
Published: January 26, 2011
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge G. Steven Agee

A Mexican immigrant who has been deported once has his 84-month sentence for possession of a counterfeit green card and for being found here after a prior deportation affirmed by the 4th Circuit, even though his term in prison is more than six years above the top of the recommended guidelines range. At the sentencing [...]

Criminal – Mail Fraud – Restitution – Court Findings

By Deborah Elkins
Published: December 28, 2010
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge G. Steven Agee

In ordering restitution in the amount of IRS refunds issued to defendant in his multi-million dollar fraudulent tax-return scheme, the district court failed to identify the statute under which it was ordering restitution, and the 4th Circuit vacates the restitution order and remands for further proceedings. Defendant pled guilty to mail fraud in a plea [...]