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

Where a food manufacturer prevailed on its breach of contract counterclaim because its contract with a food buyer was unambiguous, the decision was affirmed. The decision found that even if the contract was ambiguous, it led to the same result, ...

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

Although a fuel supplier had already entered into a settlement agreement with a vessel charterer who failed to pay for fuel, that settlement did not prevent the supplier from enforcing a maritime lien against the vessel. Background Addax Energy SA ...

Tagged with: 4th U.S. Circuit Court of Appeals Admiralty Judge Barbara Milano Keenan Judge G. Steven Agee

Where a defendant was convicted of possessing a firearm and sentenced under the heightened penalties of the Armed Career Criminal Act, or ACCA, based on prior felony convictions, because the Virginia rape and burglary statutes can be satisfied with proof ...

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

A jury will decide if a police officer’s arrest of a 62-year-old man for congregating on the sidewalk, maintaining the charge for three years before dropping it before trial, together with other circumstantial evidence, support a claim for malicious prosecution. ...

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

Where choice-of-law-provisions required the application of tribal law, they operated as a prospective waiver of a party’s right to pursue statutory remedies and, as a result, violated public policy and were unenforceable. Background In this appeal, the court considers the ...

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

Where arbitration agreements included within the terms of payday loans provided for the application of tribal law, to the exclusion of any contrary federal statutory law, the agreements were unenforceable because they prevented a plaintiff from effectively vindicating certain federal ...

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

Although a company argued it was improperly held liable for the conduct of an alleged employee because of a faulty jury instruction, the alleged error was harmless. There was “extensive evidence,” independent of the alleged faulty instruction, showing the company ...

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