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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee Judge Julius N. Richardson

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, ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge G. Steven Agee Negligence

Where the record showed that Aetna exercised discretionary authority or control over the management of a plan so as to potentially make it a fiduciary, and evidence suggested Aetna breached its fiduciary duties by not disclosing fees, a policyholder’s surcharge, ...

Tagged with: 4th U.S. Circuit Court of Appeals Commercial Judge G. Steven Agee

Where a torture victim failed to file suit within the 10-year statute of limitations of the Torture Victim Protection Act of 1991, or TVPA, but his expert testified about chaos in Somalia after its dictator was defeated, and the danger ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge G. Steven Agee Tort

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge G. Steven Agee Labor

Where jury instructions jointly proposed by the government and the defendants did not track the charges in the indictment involving crimes of violence, and had the effect of broadening the possible basis for conviction, the convictions on the assault counts ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee

Where an employee of the York County Sheriff’s Office was terminated after he disclosed confidential information about an ongoing investigation into an inmate’s death to his wife, who worked at a local news station and then lied to internal investigators ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge G. Steven Agee

Where a prison guard argued the 18 U.S.C. § 1519 obstruction of justice charge required the government to prove he intended to obstruct an investigation that he knew would become a federal investigation, because knowledge of a federal investigation under ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee Judge Roger L. Gregory

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge G. Steven Agee Securities