After a trip to his native U.K., a lawful permanent resident in the U.S. was denied admission upon his return, based on a seven-year-old conviction for conspiracy to possess with intent to distribute a controlled substance. His removal order was ...

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

Despite past efforts to improve its approach, the Department of Energy’s recommended analysis of economic hardship on small fuel refineries attempting to comply with federal renewable fuel standards is facially flawed. In considering a petition for a small-refinery exemption, the ...

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

A petitioner filed her “innocent spouse” tax claim one week late because IRS representatives allegedly misinformed her of the filing deadline, but the U.S. Tax Court had no authority to waive compliance. Background The IRS charged Shari and Derek Nauflett ...

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

A defendant waived his right to appeal an award of $100,000 restitution to his child victim, but the district court’s reasons for denying restitution to other, non-contact victims contradicted U.S. Supreme Court precedent. Background Appellant Mario Dillard used computer programs ...

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

After prevailing on a prior motion under 28 U.S.C. § 2255, the defendant was resentenced but improperly designated as a career offender. Because the incorrect designation led to application of the wrong version of the Guidelines Manual, resentencing is required. ...

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

A federal appeals decision denying underinsured motorist coverage for a fatal truck accident has generated “alarm and concern” about the interpretation of millions of Virginia auto insurance policies, according to lawyers for the claimants. A divided panel of the 4th ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge G. Steven Agee Judge Gerald Bruce Lee Judge J. Harvie Wilkinson III

An employer’s collective bargaining impasse rights did not override its ERISA obligations to employees hired post-impasse. The employer also didn’t plead its fraud-dependent affirmative defenses with sufficient particularity. Background Appellant Just Born II Inc. and the Bakery, Confectionary and Tobacco ...

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

When the Department of Justice published in the Federal Register a group effort by table saw manufacturers to develop a new safety component, a company already marketing such a component was on sufficient notice that the manufacturers were working together ...

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

After an underinsured motorist caused death and injury to two of the insured’s contractors, limitations in the UIM policy’s declarations page were dispositive in determining whether the contractors’ vehicle was covered. Background Carlos Castillo and Marco Gabarette were independent contractors ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Insurance Judge G. Steven Agee Personal Injury

The district court did not err in holding a childcare center in contempt for violating the terms of an injunction related to use of the word “rainbow.” The center was liable for liquidated damages and attorneys’ fees, plus the cost ...

Tagged with: 4th U.S. Circuit Court of Appeals Attorneys Attorneys Fees Civil Practice Civil Procedure Contract Corporate Intellectual Property Judge G. Steven Agee