Please ensure Javascript is enabled for purposes of website accessibility

Tag Archives: Judge G. Steven Agee

Aggravated RICO conspiracy not a ‘crime of violence’ (access required)

Because a defendant may complete the final element of an aggravated RICO conspiracy without using, attempting to use or threatening to use physical force, an aggravated RICO conspiracy is not categorically a crime of violence. Background Antonio Simmons, Nathaniel Mitchell ...

Read More »

$4.84M verdict vacated due to unreliable experts (access required)

Where the district court never addressed the defendant’s challenges to one expert’s proximate causation opinions, and never made relevance or reliability rulings about either expert’s opinions, it abdicated its gatekeeping functions. Because it was error to admit the experts’ opinions, ...

Read More »

Notices on negotiations wasn’t unfair labor practice (access required)

Where the manufacturing company posted notices about then-ongoing negotiations with the union, but did so in a straightforward manner that expressed its position without directly or indirectly soliciting employee action, it did not commit an unfair labor practice. Background Tecnocap ...

Read More »

Two-pound meth sale supports conviction (access required)

Where the defendant sold approximately two pounds of methamphetamine, that substantial quantity of drugs in a single-buy transaction supported a reasonable inference of knowing participation in a distribution conspiracy. Background Kevin Thomas Seigler challenges his conviction and sentence for conspiracy ...

Read More »

Investment choices were mistakes, not fraud (access required)

Where a company that provided mezzanine financing made poor investment choices in 2014 and 2015, plaintiffs failed to show its contemporaneous statements were made with the required scienter and their securities fraud class action was dismissed. Background LifeWise Family Financial ...

Read More »