U.S. Court of Appeals For The Fourth Circuit

Oral Argument Calendar
Richmond, Virginia
(04/02/2001 - 04/06/2001 Session)



Monday, April 2, 2001
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

00-1827 (L) 00-1832 Delores Nichols v. Ashland Hospital
FMLA. Challenge to denial of motion for new trial on the
basis of plaintiff's outburst at trial; challenge to award
of attorney's fees.
Lower Court Judge: Chambers

00-2137 (L) 00-2138 Donald Ryan v. Homecoming Financial
BANKRUPTCY. Challenge to bankruptcy court's default
judgment and refusal to remove an alleged wholly
unsecured second deed of trust on debtors' principal
residence.
Lower Court Judge: Messitte

00-1633 Sandra Burek v. Valley Camp Coal
BLACK LUNG. Was the ALJ's decision that pneumoconiosis did
not substantially contribute to miner's death supported by
substantial evidence.
15 mins. per side

00-1489 1000 Friends v. Carol Browner
ENVIRONMENTAL LAW. Challenge to EPA's approval under the
Clean Air Act of state's motor vehicle emissions budget for
metropolitan ozone area.


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

00-1930 Thomas Williams v. Robert Seeley
BANKRUPTCY. Whether the statutory phrase "interest paid"
applies with respect to a loan discount charged to a
borrower and reserved by the lender at the time of
settlement.
Lower Court Judge: Cacheris

00-1755 Francisco Velasquez-Gabriel v. Louis Crocetti
IMMIGRATION. Whether a pre-IIRIRA deportation order may be
reinstated without a hearing pursuant to INA section
241(a)(5); whether INA section 241(a)(5) is impermissibly
retroactive.

00-1762 Charles Crossman v. Media General
ERISA. Challenge to denial of short-term and long-term
disability benefits to company's private airplane pilot who
lost his FAA license due to heart condition.
Lower Court Judge: Spencer

99-4539 USA v. Gerald Campbell
CRIMINAL. Whether district court erred at sentencing by
finding bodily injury rather than submitting question to
the jury; other issues.
Lower Court Judge: Moon


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)
(NOTE: 1:30 start time)

01-1382 (L) 01-1391 Securities & Exchange v. Tracy Calvin Dunlap,
CONTEMPT OF COURT. Appeal of district court order holding
defendant in civil contempt of court for failing to comply
with district court's prior orders.
Lower Court Judge: Osteen


Tuesday, April 3, 2001
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

99-2024 (L) 00-1219 00-1294 99-2025 Mom's Inc v. Cheryl Kast
CIVIL RIGHTS. Whether state and federal agents should be
entitled to qualified immunity in action alleging violation
of constitutional rights in obtaining and executing search
warrants at plantiffs' homes and businesses.
30 mins. per side
Lower Court Judge: Doumar

99-1007 (L) 00-2402 Shelby McKnight v. Circuit City
ATTORNEY'S FEES. Challenge to award of fees and expenses to
plaintiffs in action alleging race discrimination.
Lower Court Judge: Spencer

00-1946 New River Management v. Henry Schein Inc
ARBITRATION. Whether district court erred in denying motion
to stay proceedings pending arbitration when the agreement
between the parties provided for an independent accountant
to resolve all disputes concerning recovery of "Contingent
Consideration."
Lower Court Judge: Turk

98-4049 (L) 98-4213 98-4288 98-4307 98-4319 98-4331 98-4332 98-4351 USA v. Allen Jett
CRIMINAL. Whether life sentence exceeded statutory maximum
in light of failure to charge jury to find drug quantity or
death resulting from drug conspiracy beyond a reasonable
doubt; Batson claim; numerous other issues.
Lower Court Judge: Nickerson


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

98-4522 (L) 98-4527 USA v. Steven Kelly
CRIMINAL LAW & PROCEDURE. Whether the district judge erred
in denying recusal based on ex parte communication with
marshal and prosecutor; challenge to denial of mistrial.
30 mins. per side
Lower Court Judge: Voorhees

99-2450 Jack Walker v. Tyler County Comm
QUALIFIED IMMUNITY. Whether district court's dismissal of
federal and state law claims in reliance on Jean v. Collins
was proper.
Lower Court Judge: Keeley

00-1333 McCook Metals v. Alcoa Inc
PATENTS. Challenge to denial of motion to compel deposition
testimony and documents pursuant to a subpoena.
Lower Court Judge: Spencer

00-1707 USA v. Lee Parsons
CRIMINAL FORFEITURE. Whether the district court erred in
denying Parsons' petition for a hearing to adjudicate a
third party interest under 21 U.S.C.A. section 853(n) (West
1999 & Supp. 2000) and entering summary judgment for the
government.
Lower Court Judge: Blake


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

00-1372 Estate Frederick Hoffman v. Commissioner IRS
TAX. Whether the advances made by taxpayers to their
corporation constituted low-market-interest-rate loans, as
opposed to capital contributions; whether taxpayers are
entitled to bad debt deductions.

00-1440 (L) 00-1555 Tradesource v. NLRB
LABOR. Whether representation election included the vote of
ineligible temporary employees who did not show a community
of interest with the other unit members.

00-4253 USA v. Gary Godwin
SENTENCING GUIDELINES. Whether USSG Section 2X3.1 violates
Equal Protection Clause; whether court erred in relying on
fugitive's enhanced offense level in applying section
2X3.1.
15 mins. per side
Lower Court Judge: Bullock

00-1658 TechnoSteel v. Beers Construction
ARBITRATION. Challenge to district court's denial of
petition to compel arbitration.
Lower Court Judge: Shedd


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

00-2058 EEOC v. Mega Contractors
TITLE VII. Whether the district court erred in denying the
employer as the prevailing party its attorneys' fees.
Lower Court Judge: Williams

00-1591 Newport News Shipbld v. Lynette Riley
LONGSHORE. Whether employee terminated for unsatisfactory
performance during apprentice program established
disability due to work-related injury.
15 mins. per side

00-2151 David Brewer v. Horace Kimel
CIVIL RIGHTS. Challenge to summary judgment in an action
raising double jeopardy claim that state's revocation of
driver's license bars subsequent prosecution on charge of
driving while impaired.
Lower Court Judge: Beaty

00-1894 Rickey Bryant v. Food Lion
ERISA. Whether plaintiffs proved that employer
discriminated against them to prevent vesting in profit-
sharing plan and denied them right to elect continuation of
medical coverage.
Lower Court Judge: Hawkins


Wednesday, April 4, 2001
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

99-4661 USA v. Bruce Little
CRIMINAL LAW. Whether appellate counsel provided
ineffective assistance by failing to assert that government
waived appellate rights.
Lower Court Judge: Mullen

00-1746 MD Natl Bank v. Robert Traenkle
UNIFORM COMMERCIAL CODE AND SHIP MORTGAGE ACT. Whether the
district court erred in granting judgment to plaintiff in
an action to recover a deficiency resulting from
defendant's default on a loan secured by a vessel; other
related issues.
Lower Court Judge: Blake

00-1910 James Island v. City of Charleston
MUNICIPAL ANNEXATION. Challenge to district court order
enjoining city from providing fire services to properties
annexed and requiring the city to pay public service
district its costs in providing fire services.
Lower Court Judge: Hawkins

00-2337 Richard Dalton v. Capital Associated
FAIR CREDIT REPORTING ACT. Challenge to summary judgment in
action arising out of inaccurate report of felony
conviction to potential employer.
Lower Court Judge: Britt


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

00-1937 Karen Cleaver-Bascombe v. William Daley
TITLE VII. Timeliness of EEO complaint; other issues.
Lower Court Judge: Jones

99-4162 (L) 99-4163 99-4164 99-4175 99-4189 99-4190 99-4191 99-4197 USA v. Leonard Cotton
CRIMINAL LAW & PROCEDURE. Challenge to denial of new trial,
search and seizure, sentencing.
Lower Court Judge: Blake

00-2103 (L) 00-2104 00-2126 Christopher Lizzi v. Robert Alexander
FMLA. Whether individual governmental employees can be sued
under the Act; whether public officials can be employers
within the meaning of the Act; whether WMATA compact waives
Eleventh Amendment immunity.
Lower Court Judge: Chasanow

98-2201 Maria Stetter v. Donna Shalala
TITLE VII. Propriety of jury instructions in sexual
harassment case; retroactivity of 42 U.S.C. section 213(f);
other issues.
Lower Court Judge: Nickerson


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

00-2311 Stephanie Tolson v. Marriott Intl
TORTS. Challenge to jury verdict and denial of motion for
new trial in action arising out of injuries received from
use of an ozone generating machine in hotel room.
Lower Court Judge: Lee

00-2156 Rafael Medina v. USA
FEDERAL TORT CLAIMS ACT. Whether assault and battery is a
crime involving moral turpitude so as to support the
initiation of deportation proceedings.
Lower Court Judge: Brinkema

00-1721 John Smith v. Jewell Smokeless Coa
BLACK LUNG. Whether the Administrative Law Judge erred in
determining that Smith failed to establish that he was
totally disabled pursuant to 20 C.F.R. section 718.204(c).
15 mins. per side


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

00-1921 (L) 00-1922 00-1923 Allno Enterprises v. Baltimore Cnty MD
ZONING. Challenge to rezoning adult book and video stores
to areas dedicated to heavy industrial uses.
Lower Court Judge: Smalkin

00-1782 C&W Inc v. BellSouth
CONTRACTS. Challenge to summary judgment in action alleging
wrongful termination of a master contract for "buried
service wire."
Lower Court Judge: Seymour

99-4327 (L) 00-4054 USA v. Irma Changtin
CRIMINAL LAW & PROCEDURE. Challenge to sufficiency of
evidence in drug conspiracy and money laundering
prosecution; whether trial court erred in failing to
inquire about defense counsel's potential conflict of
interest regarding allegations raised at sentencing.
Lower Court Judge: Chasanow

00-1649 Barbara Ford v. Stuart Simms
TITLE VII. Whether discrimination based upon personal
animosity or revenge stemming from a failed consensual
sexual relationship constitutes discrimination on the basis
of gender.
Lower Court Judge: Motz


Thursday, April 5, 2001
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

00-12 (L) 00-11 John Rose v. R.C. Lee
HABEAS CORPUS. Numerous issues arising out of state capital
murder conviction and sentencing.
Lower Court Judge: Voorhees

00-2109 Sarah Wagner v. Dillard Dept
TITLE VII. Defendant appeals from a jury verdict in action
alleging gender discrimination based upon defendant's
failure to hire plaintiff while she was pregnant.
Lower Court Judge: Tilley

00-2115 Topsail Reef v. Zurich Specialties
INSURANCE. Challenge to summary judgment on alleged unfair
and deceptive trade practices and insurer's alleged bad
faith refusal to settle.
Lower Court Judge: Fox

00-7486 Connie Cunningham v. Joseph Scibana
HABEAS CORPUS. Whether the Bureau of Prisons properly
classified the offense of tampering with consumer products
as a crime of violence.
Lower Court Judge: Faber


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

00-2081 USA v. Martha McHan
ATTORNEYS' FEES. Whether claimants waived the right to seek
award of fees under the Equal Access to Justice Act when
they agreed that "each side will bear its own costs";
whether the government was substantially justified at all
stages in civil forfeiture litigation.
Lower Court Judge: Voorhees

00-2064 NLRB v. Labor Ready
LABOR. Whether employer's no-solicitation policy properly
restricted access and solicitation by employment
applicants; whether employer conducted unlawful
surveillance of union activities.

00-1283 (L) 00-1322 Piney Run v. Cnty Commissioners
ENVIRONMENTAL LAW. Challenge to county's alleged Clean
Water Act violation of discharging heat, a statutory
pollutant, into a stream without a permit.
Lower Court Judge: Young

98-4050 (L) 98-4215 USA v. Clifford Wiggs
CRIMINAL LAW & PROCEDURE. Challenge to denial of speedy
trial, sufficiency of evidence, sentencing.
Lower Court Judge: Blatt


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

00-2251 Jewel Farlow v. Wachovia Bank
TITLE VII. Challenge to grant of summary judgment on the
ground that attorney working for a bank was an independent
contractor rather than an employee.
Lower Court Judge: Tilley

00-2203 Louis Gabaldoni v. Washington Cnty Hosp
HEALTHCARE QUALITY IMMUNITY ACT. Whether hospital is
entitled to immunity under the Act in an action brought by
physician who was denied reappointment to medical staff;
discovery.
Lower Court Judge: Legg

00-2026 Abt Assoc v. JHPIEGO Corp
CONTRACTS. Challenge to grant of summary judgment in action
alleging defendant's breach of its contractual obligation
to negotiate in good faith with plaintiffs following the
award of a government contract.
Lower Court Judge: Harvey

00-2423 Ashutosh Virmani v. Novant Health
CIVIL RIGHTS. Whether federal court should recognize a
medical review privilege in a discrimination case filed
under Section 1981.
Lower Court Judge: McKnight


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

00-1963 Luis Reyes-Gaona v. NC Growers Assoc
ADEA. Challenge to dismissal of action on ground that
foreign national was not qualified to work in the United
States at the time he applied for work with defendant.
Lower Court Judge: Tilley

00-1987 Systems 4 v. Landis & Gyr
TRADE SECRETS. Challenge to summary judgment in action
alleging misappropriation of trade secrets arising out of
alleged use by competitor of a proposal for heat and air
conditioning system for museum.
Lower Court Judge: Blake

00-6129 Quinten Jackson v. Lamont Morgan
PRISONERS' RIGHTS. Whether correctional officers were
properly denied qualified immunity in action alleging
confinement of inmate in shackles in an isolation cell
after having been sprayed with mace.
Lower Court Judge: Grimm

00-2450 Masood Khan v. Togo West
TITLE VII. Whether statutory probation period applies to
temporary employees.
Lower Court Judge: Voorhees


Friday, April 6, 2001
8:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

00-2270 (L) 00-2321 00-2322 Christian Science Bd v. David Nolan
TRADEMARK. Challenge to denial of relief from default
judgment; challenge to contempt order.
Lower Court Judge: Thornburg

00-4433 USA v. Daniel Quackenbush
SENTENCING. Whether full restitution is mandatory under
18 U.S.C. section 3663A(a)(1), (c)(1)(A) for convictions of
being an accessory after the fact to carjacking and armed
bank robbery and of possession of less than $1,000 in
stolen bank funds; other issues.
Lower Court Judge: Boyle

99-4307 USA v. Monte Glover
CRIMINAL. Whether evidence from a vehicle is admissible
when vehicle is seized without probable cause but is not
searched until a subsequent apartment search creates
probable cause to search the vehicle.
Lower Court Judge: Garbis

00-1402 Ronda Burch v. Kenneth Apfel
SOCIAL SECURITY. Was the ALJ's decision supported by
substantial evidence; other issues.
15 mins. per side
Lower Court Judge: Seymour


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

00-4751 USA v. Athena Nichols
CRIMINAL LAW & PROCEDURE. Whether district court erred in
setting aside jury verdict and granting a judgment of
acquittal on bank fraud charge.
Lower Court Judge: Britt

00-2392 Le Bleu Corp v. Standard Capital
JURISDICTION. Whether out-of-state corporation had
sufficient minimum contacts with state to fall within
state's long-arm statute.
Lower Court Judge: Osteen

00-1195 (L) 00-1196 Jennings Holland v. Stephen Kohn
COLLATERAL ESTOPPEL. Whether hearing on attorney's motion
to withdraw provided clients with "full and fair
opportunity" to litigate cause for discovery abuses; other
issues.
Lower Court Judge: Staker

00-4566 USA v. Stanley Baldwin
SENTENCING GUIDELINES. Whether the district court's upward
departure was appropriate under U.S.S.G. Section 2F1.1 or
Section 5K2.0.
15 mins. per side
Lower Court Judge: Fox


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

00-4430 USA v. Brian Johnson
CRIMINAL. Whether there was plain error under Apprendi when
drug quantity was not submitted to jury and appellant
received life sentence; constitutionality of 21 U.S.C.
section 841; evidentiary and other issues.
Lower Court Judge: Brinkema

00-4780 USA v. George Cephas
CRIMINAL LAW & PROCEDURE. Challenge to the suppression of
evidence from warrantless entry into apartment and
subsequent warrant-authorized search and seizure.
Lower Court Judge: Williams

00-1641 S. Dachman v. Donna Shalala
TITLE VII. Whether district court properly granted summary
judgment against plaintiff on her discrimination and
retaliation claims; other issues.
Lower Court Judge: Davis

00-4380 USA v. Terry Church
CRIMINAL LAW & PROCEDURE. Challenge to sufficiency of
evidence to convict for obstructing bank examination by
federal regulators; sentencing issues.
Lower Court Judge: Faber