U.S. Court of Appeals For The Fourth Circuit

Oral Argument Calendar
Richmond, Virginia
(02/26/2001 - 03/02/2001 Session)



Monday, February 26, 2001
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

00-10 Donald Jones v. William Catoe
HABEAS CORPUS. Numerous issues arising out of state capital
murder conviction and sentencing.

00-2032 Graphic Communications v. Quebecor Printing
WORKER ADJUSTMENT & RETRAINING NOTIFICATION ACT. Whether
employer violated the Act by failing to give notice of its
intent to permanently close a printing plant.

00-1438 (L) 01-1082 David Fairbairn v. United Airlines
ARBITRATION. Challenge to order compelling arbitration
under the Railway Labor Act of the claims of an employee
who is not represented by a labor union and is not covered
by a collective bargaining agreement.

99-2552 (L) 99-2553 99-2554 99-2555 99-2556 Thomas McClure v. Scientific Spinal
PRODUCTS LIABILITY. Challenge to grant of summary judgment
in personal injury action based upon alleged defective
spinal surgical screw.


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

00-1391 Jeffrey Miller v. Charles Smith Mngmnt
TORTS. Plaintiff appeals judgment in action alleging that
landlord misrepresented safety of apartment house and the
steps taken to protect tenants.

00-1498 Cotten & Selfon v. Ronald Charnock
CONTRACTS. Whether transfer of stock was a gift or payment
for legal services rendered; challenge to enforcement of
settlement agreement.

00-4328 USA v. Jorge Mora
CRIMINAL LAW. Whether district court gave improper jury
instruction on wire fraud; other issues.


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

00-1886 Robert Brown v. Rick Wiita
CIVIL RIGHTS. Challenge to denial of qualified immunity to
a law enforcement officer in an action alleging mistaken
identity arrest.

00-1977 Mutual Benefit Ins v. Bashe Jordan
INSURANCE. Whether insurer can rely on plaintiff's answers
to interrogatories in order to determine its duty to defend
or indemnify the insured.

00-6281 USA v. Sean Sanders
HABEAS. Whether the one-year time limit of 28 U.S.C.A.
section 2255 begins anew following resentencing of a
criminal defendant pursuant to Fed. R. Crim. P. 35(b).
10 mins. per side


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

00-1252 (L) 00-1332 Virginia Society v. Federal Election
FEDERAL ELECTION COMMISSION. Whether plaintiff has
Article III standing to bring a pre-enforcement facial
challenge to 11 C.F.R. section 100.22(b).

00-2167 EEOC v. Town & Country
ADA. Challenge to grant of summary judgment in action
alleging disability-based discrimination in termination of
car salesman's employment.

00-1505 Hunter Group v. Susan Smith
EMPLOYMENT AGREEMENT. Whether former employee improperly
solicited plaintiff's employees to come to work for a
competitor.

00-2130 Jonathan Rogers v. M. L. Pendleton
CIVIL RIGHTS. Challenge to denial of qualified immunity in
action arising out of arrest of plaintiff for impeding an
investigation into complaints of loud music at a party at
his home.


Tuesday, February 27, 2001
9:30 a.m.



COURTROOM 2 - Courthouse Room 233 (Green Carpet)
(En banc rehearings)

99-2389 (L) 00-1098 00-1432 99-2391 Terry Belk v. Board of Education
Rehearing en banc.

96-4662 (L) 96-4672 99-4187 USA v. Corey Angle
Rehearing en banc.

99-4737 USA v. Marion Promise
Rehearing en banc.


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)
(Beginning at conclusion of en banc rehearings)

00-908 Robert Lienhart v. Dryvit Systems
CIVIL PROCEDURE. Whether the district court erred in
certifying a class action brought by plaintiffs alleging
that structures they owned were damaged by the defendant's
inherently defective product.


Wednesday, February 28, 2001
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

99-2277 Turner Wiley v. UPS
WORKERS' COMPENSATION. Challenge to removal to federal
court of action alleging retaliation for pursuing workers'
compensation benefits in violation of state Retaliatory
Employment Discrimination Act.

00-1465 Turner Wiley v. UPS
CIVIL. Whether district judge who participated in
settlement conference must recuse himself from subsequent
proceedings; challenge to summary judgment in action
alleging violation of the Americans with Disabilities Act.

00-1859 (L) 00-1908 00-1919 Brian Froelich v. Senior Campus Living
CONTRACTS. Challenge to grant of summary judgment in action
alleging improper conversion of ownership interest in
retirement community company.

00-4282 USA v. Robert Brown
CRIMINAL. Whether district court erred in declining
proffered jury instruction on justification defense.


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

00-4063 (L) 00-4086 USA v. Larry Blanding
CRIMINAL LAW & PROCEDURE. Challenge to sufficiency of
evidence to convict for violation of the Hobbs Act;
challenge to superceding indictment on the grounds of
selective prosecution; claim of double jeopardy.

00-1965 Bel-Aire Inc v. Exxon
LEASES. Challenge to summary judgment in action seeking to
enforce restrictive covenant.

00-1726 Jimmy Myrick v. Prime Ins
INSURANCE. Challenge to sanctions for discovery abuse;
whether a contract of insurance existed for logging
equipment destroyed by fire.

00-1851 United Pacific Ins v. Deborah East
JUDGMENTS. Challenge to the district court's release of
garnished proceeds of a malpractice suit settlement as
exempt from execution under state law.


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

00-1797 John Black v. John Hoffman
CONTRACTS. Challenge to grant of summary judgment in action
alleging breach of contract, breach of fiduciary duty and
conversion in connection with the administration of a stock
option plan.

00-1408 Louis Conklin v. Kenneth Apfel
SOCIAL SECURITY. Whether the ALJ properly discounted the
opinion of claimant's treating psychiatrist; other issues.
15 mins. per side

00-1487 Jo-An Evans v. Paramount Pictures
TRADEMARK. Challenge to summary judgment in an action
alleging misappropriation of book title for a motion
picture.

00-2050 Freedman, Levy v. Richard Mendelson
FEDERAL JURISDICTION. Whether action to enjoin enforcement
of state court order requiring that property be turned
over to a special receiver is barred by the Anti-Injunction
statute and the abstention doctrine.


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

00-1766 Century Indemnity v. Peter Stoltz
INSURANCE. Declaratory judgment action brought by insurer
to determine whether policy provided coverage to insured
building contractor for damages sought by homeowner for
negligent construction of house.

00-1915 David Hillman v. IRS
TAX. Whether taxpayer can recharacterize management fee
expenses as non-passive expenses and net the management fee
expenses against the non-passive management fee income.

00-1901 Hugh O'Donnell v. John Eidleman
PUBLIC CONTRACTS. Whether the district court erred in
granting summary judgment in an action challenging
reduction of grant for legal service program to a one-year
term.

00-1292 Kenneth O'Bright v. John's Towing
ADMIRALTY. Challenge to denial of motion for new trial on
claim of maintenance and cure; attorney's fees; whether the
district court properly instructed the jury on the Jones
Act burden of proof.


Thursday, March 1, 2001
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

00-1021 Sergio Jimenez v. DaimlerChrysler
PRODUCTS LIABILITY. Challenge to punitive damage award as
excessive.

00-4167 (L) 00-4200 00-4219 USA v. Rosanna Fulcher
CRIMINAL. Whether sufficient evidence existed to support
conviction for money laundering; other issues.
30 mins. per side

00-7041 Valentine Nwandu v. Louis Crocetti
IMMIGRATION. Whether the district court had jurisdiction to
adjudicate 28 U.S.C. section 2241 petition of alien in
exclusion proceedings pursuant to the transitional rules of
the IIRIRA.

00-1808 Nancy Wilds v. SC Dept Transportati
ENVIRONMENTAL LAW. Whether state and federal authorities
violated the National Environmental Policy Act in planning
and approving two highway projects.


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

00-1040 Worldwide Security v. Southern Financial
CIVIL. Challenge to the district court's ruling in
interpleader action that appellee was not entitled to the
disputed funds but can assert claims on the funds.

00-2052 HSBC Bank v. F&M Bank
BANKING. Whether check was negligently prepared; whether
there was a breach of transfer and presentment warranties.

00-2159 Joan Cox v. Cnty Prince William
CIVIL RIGHTS. Challenge to grant of summary judgment in
action alleging excessive use of force by police officers
in shooting death of decedent.

00-1962 Michelin v. Ameripol Synpol
CONTRACTS. Challenge to the application of an
indemnification clause arising out of the purchase of
business assets.


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

00-2240 GE Investment v. Teddy Parker
RICO. Challenge to dismissal of action alleging
racketeering activities arising out of operation of large
mobile home retail sales business.

00-2352 Kenneth Stine v. NationsBank
BANKRUPTCY. Whether debtor may claim as exempt property
funds transferred to a judgment creditor through wage
garnishment during the preference period.

00-2211 Ashley River v. Mobil Oil
ENVIRONMENTAL LAW. Challenge to summary judgment on statute
of limitations grounds in action against former owner of
contaminated property.

00-2122 Deborah Becker v. Gannett Satellite
EQUAL PAY ACT. Challenge to summary judgment in action
alleging sex discrimination and retaliation against female
sports writer.


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

00-2202 Charley Hill v. Michelin
EMPLOYMENT. Whether employer violated the Uniformed
Services Employment and Reemployment Rights Act by
transferring and subsequently discharging plaintiff.

00-1690 Michael Pollowitz v. Jerry Weast
EDUCATION. Challenge to grant of summary judgment in
tuition reimbursement action under IDEA where parents
allegedly failed to give proper procedural notice of
placement of their son in a private school.

00-1734 N&N Contractors v. OSHC
OSHA. Whether employer violated regulations governing fall
protection in construction work.

00-1589 Robert Fox v. General Motors
ADA. Whether a claim for a hostile work environment exists
under the Act; whether plaintiff was a disabled qualified
person under the Act.


Friday, March 2, 2001
8:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

00-2193 Columbia Union v. John Oliver
CONSTITUTIONAL LAW. Whether private college is a
Establishment Clause prohibits state funding.

00-1643 Drews Distributing v. Silicon Gaming
ARBITRATION. Whether court has authority to grant stay of
arbitration in another jurisdiction; other issues.

00-2224 Louise Rosmer v. Pfizer Inc
FEDERAL JURISDICTION. Whether Section 1367 of Title 28
displaced the requirement that multiple plaintiffs with
separate and distinct claims must each satisfy the minimum
jurisdictional amount.

00-4337 (L) 00-4347 00-4406 USA v. Gary Bollin
CRIMINAL LAW & PROCEDURE. Challenge to the government's use
at trial of redacted portions of defendants' grand jury
testimony; whether the district court erred in denying
defendant use of his IRA funds to pay for appellate
counsel; sentencing issues. 30 mins. per side


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

00-1834 Nancy Gardner v. E I DuPont
INSURANCE. Whether under state law a contract of life
insurance coverage existed.

00-1907 Pamela Bowman v. Carolyn Boehmer
ERISA. Whether decedent was at the time of his death an
active member of the employee benefit plan or a retiree-
pensioner with active benefits coverage under the plan.

00-1630 Philip Staun v. Rally's Inc
EMPLOYMENT. Whether the district court erred in denying
defendant judgment as a matter of law or a new trial upon
plaintiff's claim of breach of an oral contract.

00-4414 USA v. Elliot Johnson
SENTENCING GUIDELINES. Whether prior conviction for
possession of a sawed-off shotgun was a crime of violence
for purposes of USSG section 4B1.2
15 mins. per side


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

00-1517 Crofton Ventures v. G&H Partnership
ENVIRONMENTAL LAW. Whether previous owners of property were
liable for wrongful disposal of hazardous waste under the
Comprehensive Environmental Response, Compensation &
Liability Act.

00-4094 (L) 00-4520 USA v. George Godwin
CRIMINAL LAW. Sufficiency of the evidence to support
convictions of mail fraud, conspiracy, money laundering,
and false declaration; other evidentiary and sentencing
issues.

00-1624 John Repede v. Course Technology
CONTRACTS. Challenge to summary judgment in action alleging
breach of plaintiff's right of first refusal to author
updated editions of text books.

00-4300 USA v. Bobby Bellamy
SENTENCING GUIDELINES. Whether the district court erred by
imposing an upward departure for brandishing a firearm;
other issues.
15 mins. per side