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Tag Archives: Judge G. Steven Agee

Maritime lien not affected by prior settlement (access required)

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 ...

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Indicia of innocence support malicious prosecution claim (access required)

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. ...

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Tribal choice-of-law provisions are unenforceable (access required)

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 ...

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Prospective waivers render agreements unenforceable (access required)

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 ...

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Alleged error in jury instruction was harmless (access required)

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 ...

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Co-defendants’ statements properly admitted in firearm trial

Defendants convicted of using a firearm in a crime of violence resulting in murder failed in their arguments that statements by co-defendants violated the Confrontation Clause and/or were generally inadmissible under the Federal Rules of Evidence. Moreover, given the scope ...

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