Where shareholders sued after the insured’s assets were acquired by another company, that merger constituted an “acquisition” that is subject to the director and officer policy’s “bump up” exclusion. Background In 2015, Towers Watson & Co. purchased directors and officers, ...

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

Where the evidentiary, legal and sentencing challenges of a man convicted of sexual exploitation of his daughter and possession of pornography were rejected, the judgment was affirmed. Background William Ebert appeals his conviction and sentence for one count of sexual ...

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

Where a primary insurer attempted to block the reorganization plan of its insureds for current and future asbestos personal-injury liabilities, but the plan preserved the insurer’s coverage defenses and the debtors’ obligations under their policies, the insurer lacked standing to ...

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

Where the wholly-owned subsidiary of a China-based company petitioned to permanently employ foreign citizen as a general manger, but the statute required a detailed list of the job-related tasks that the man has performed or will perform, and the submission ...

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

Where the defendant received a sentencing enhancement for recklessly creating “a substantial risk of death or serious bodily injury to another person in the course of fleeing from a law enforcement officer,” but there was no evidence showing he reached ...

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

Where a detainee argued that the district court ignored the particulars of his medical conditions and disqualified him from compassionate release solely because he had received the COVID-19 vaccination, but the record showed the district court considered a variety of ...

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

Where a student dismissed from the East Carolina University School of Social Work’s Master’s Degree program sued the university alleging that its decision discriminated against her in violation of the Americans with Disabilities Act, or ADA, the university was granted ...

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

Where neither the district court nor the parties ever mentioned the Speedy Trial Act or the ends-of-justice exclusion when setting a date for trial beyond the time allowed under the Speedy Trial Act, the act was violated and the charges ...

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

Where a majority of the judges in regular service and not disqualified did not vote to hear the defendant’s petition for en banc reconsideration of the court’s denial of his motion for bail and stay of sentence pending appeal, his ...

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

Where the plaintiff-employee waited until her response to the defendant-employer’s summary judgment motion to raise for the first time claims based on a supervisor’s statement that she didn’t want plaintiff on a team because she was afraid plaintiff would file ...

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