U.S. Court of Appeals For The Fourth Circuit

Oral Argument Calendar
Richmond, Virginia
(05/07/2001 - 05/10/2001 Session)

Monday, May 7, 2001
9:30 a.m.

COURTROOM 1 - Courthouse Room 435 (Red Carpet)

00-1686 Ernest Young v. Textron
ERISA. Challenge to summary judgment in action alleging
plan administrator's abuse of discretion in denying claims
for group medical benefits.
Lower Court Judge: Shedd

00-2538 Alexandria Resident v. Alexandria Redevel
CIVIL RIGHTS. Challenge to dismissal of Section 1983 claim
for failure to exhaust administrative remedies.
Lower Court Judge: Bryan

00-7099 USA v. Todd Hopkins
HABEAS. Whether a habeas motion is timely when filed prior
to a Supreme Court decision becoming retroactive for
collaterial review.
Lower Court Judge: Wilson

00-7249 USA v. Tony Jones
JURISDICTION. Whether this Court may consider the
applicability of Apprendi v. New Jersey, 530 U.S.__, 120
S. Ct. 2348 (2000) to cases on collateral review, when that
issue is raised for the first time on appeal of the denial
of habeas relief.
Lower Court Judge: Jackson

COURTROOM 2 - Courthouse Room 233 (Green Carpet)

00-2259 Pomeroy Inc v. Four Jaks
TORTS. Whether the trial court erred in allowing plaintiff
to amend complaint mid-trial; challenge to restrictions on
discovery and testimony at trial; whether trial court erred
in not clarifying jury's damage award.
Lower Court Judge: Faber

00-2193 Columbia Union v. John Olver
CONSTITUTIONAL LAW. Whether private college is a
Establishment Clause prohibits state funding.
Lower Court Judge: Garbis

00-2262 Microbix Biosystems v. BioWhittaker Inc
ANTITRUST. Challenge to summary judgment in action alleging
antitrust violations and tortious interference with
economic relations arising out of exclusive contract with
supplier of raw material necessary to produce
pharmaceutical product.
Lower Court Judge: Garbis

00-2187 (L) 00-2188 Kurt Kielisch v. Educational Credit
BANKRUPTCY. Whether the holder of a nondischargeable
student loan may apply Chapter 13 trustee payments to
post-petition interest as it accrues.
Lower Court Judge: Jackson

COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

00-1359 Everett Davis v. Meridian Films
COPYRIGHT. Challenge to dismissal of copyright claims on
the basis of transfer of copyright.
Lower Court Judge: Perry

00-2244 Cambridge Capital v. Richard Pill
CONTRACTS. Challenge to summary judgment in action alleging
legal malpractice and breach of contract arising from
defendants' failure to execute and secure a commercial loan
Lower Court Judge: Stamp

00-2053 (L) 00-2123 WEGCO v. Griffin Services
CONTRACTS. Whether district court violated defendant's
right to a jury trial by supplementing jury verdict with a
declaratory judgment and an award of additional monetary
Lower Court Judge: Lee

00-2475 Thoroughbred Indus v. James Warren
BANKRUPTCY. Whether the transfer of money to debtor
constituted an implied loan; whether the lower court erred
in denying statutory treble damages and attorney's fees for
unpaid wages.
Lower Court Judge: Norton

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

00-2260 Notra Trulock v. Louis Freeh
CIVIL RIGHTS. Challenge to grant of qualified immunity to
defendants in action alleging illegal search of plaintiff's
home and computer.
Lower Court Judge: Bryan

00-2087 (L) 00-2092 00-2143 Carlos Perry v. Richard Scruggs
CONTRACTS. Whether district court erred in determining
plaintiffs were not entitled to damages arising from breach
of real estate contract.
Lower Court Judge: Ellis

00-1918 (L) 00-2289 People for Ethical v. Michael Doughney
TRADEMARK. Whether defendant's domain name/website is a
parody or satire protected by the First Amendment; whether
defendant's use of plaintiff's mark in domain name/website
constituted infringement; attorney's fees.
Lower Court Judge: Hilton

00-2446 Acstar Ins v. Holmes Harden
BANKRUPTCY. Whether creditor had only an unperfected
security interest and was not entitled to an equitable lien
or recovery under the doctrine of equitable subrogation.
Lower Court Judge: Britt

Tuesday, May 8, 2001
9:30 a.m.

COURTROOM 1 - Courthouse Room 435 (Red Carpet)

00-13 Christopher Beck v. Ronald Angelone
HABEAS CORPUS. Numerous issues arising out of state capital
murder conviction and sentencing.
Lower Court Judge: Friedman

00-1773 Malinda Davies v. INS
IMMIGRATION. Whether the Board of Immigration Appeals
abused its discretion in denying motion to reopen.

00-2157 Benjamin Ratner v. Loudoun Cnty
CIVIL RIGHTS. Challenge to dismissal for failure to state a
claim in action arising out of student's suspension for
possessing a knife on public school property.
Lower Court Judge: Bryan

99-2686 William Sauders v. SC Public Service
CIVIL. Whether public service authority is immune from suit
under performance contract with federal government for
damages caused by flooding of lands down-river from a
diversion canal.
Lower Court Judge: Duffy

COURTROOM 2 - Courthouse Room 233 (Green Carpet)

00-2132 (L) 00-2400 Ed Brown v. James Gilmore
CONSTITUTIONAL LAW. Whether State's mandatory student
Clause of the First Amendment.
Lower Court Judge: Hilton

00-1969 NLRB v. Pepsi Cola
LABOR. Whether employer violated the Act by changing its
moving violations policy, implementing a zero settlement
policy, and withholding a wage increase from employees.

00-1970 NLRB v. Pepsi Cola
LABOR. Whether the Board's back pay award for unfair labor
practices is supported by substantial evidence.

00-4442 USA v. Michael Vinyard
CRIMINAL LAW & PROCEDURE. Whether defendant can be
convicted of mail fraud absent a showing of actual economic
harm; whether the prosecution purposely withheld
exculpatory evidence.
Lower Court Judge: Currie

COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

00-2507 Choice Hotels v. BSR Tropicana Resort
ARBITRATION. Challenge to denial of motion to compel
arbitration requirement of franchise agreement.
Lower Court Judge: Messitte

00-2099 Sheila Montgomery v. State of MD
FAMILY & MEDICAL LEAVE ACT. Challenge to district court's
dismissal of FMLA claims after overriding State's waiver of
Eleventh Amendment immunity defense.
Lower Court Judge: Smalkin

00-2272 (L) 00-2458 Mid-Mountain Foods v. NLRB
LABOR. Whether employer discharged three employees and
issued warnings to others because of their union

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

00-2348 Wal-Mart v. Tina Carpenter
BANKRUPTCY. Whether debtor intended to give employer a lien
on any future personal injury recovery.
Lower Court Judge: Smith

00-2206 Atkinson Warehouse v. Ecolab Inc
CONTRACTS. Whether contract's sixty-day termination notice
provision precludes recovery for damages incurred beyond
the notice period.
Lower Court Judge: Harvey

00-2411 Marie Murrell v. Ocean Mecca Motel
CIVIL RIGHTS. Challenge to summary judgment in action
alleging eviction of interracial occupants from motel
Lower Court Judge: Smalkin

Wednesday, May 9, 2001
9:30 a.m.

COURTROOM 1 - Courthouse Room 435 (Red Carpet)
(NOTE: 9:00 start time)

00-2010 Deborah Devan v. Simon Properties
BANKRUPTCY. Whether settlement agreement was binding when
it was not approved by the bankruptcy court prior to
resolution of an appeal.
Lower Court Judge: Motz

98-4926 (L) 99-4129 99-4867 USA v. Jerry Williams
CRIMINAL LAW & PROCEDURE. Multiple challenges to
convictions and sentences imposed on conspiracy and murder
Lower Court Judge: Nickerson

99-4583 USA v. Lloyd Williams
CRIMINAL LAW & PROCEDURE. Armed career criminal sentence;
career offender enhancements; other issues.
Lower Court Judge: Thornburg

99-4720 (L) 99-4752 99-4775 99-4776 USA v. John Jones
CRIMINAL LAW & PROCEDURE. Special verdict requirement;
Apprendi challenge; severance and prosecutorial
misconduct issues.
Lower Court Judge: Nickerson

COURTROOM 2 - Courthouse Room 233 (Green Carpet)

00-2549 Andrew Naden v. Saga Software
EMPLOYMENT. Challenge to summary judgment in action
alleging employer's failure to pay earned commissions
pursuant to employment agreement.
Lower Court Judge: Davis

00-2513 Daniel Lindsey v. State Farm
INSURANCE. Challenge to summary judgment on the ground that
policyholder had not complied with his contractual
obligation to submit to an examination under oath by
Lower Court Judge: Williams

00-2166 (L) 00-2200 Donato Piselli v. 75th Street Medical
TORTS. Whether district court erred by imputing to minor
plaintiff knowledge of his parents to invoke the statute of
limitations; other issues.
Lower Court Judge: Legg

00-2119 Robert Gow v. Commissioner, IRS
TAX. Challenge to the Commissioner's revaluation of stock
and increase to the amount of constructive dividends
received by taxpayers.

COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

00-2007 Christopher Christos v. Westinghouse
dismissal of action alleging that employees were selected
for layoff based on their eligibility for a special
retirement option.
Lower Court Judge: Currie

00-2556 William Cooper v. Smith & Nephew
PRODUCTS LIABILITY. Challenge to exclusion of expert
testimony in trial of action arising out of injury
allegedly caused by defective orthopedic bone screw.
Lower Court Judge: Motz

00-1804 Frank Stewart v. Pension Trust
ERISA. Whether the controlling pension agreement provides
for the deduction of cost-of-living adjustments from
"earnings" used to calculate pension benefits.
Lower Court Judge: Motz

00-2165 (L) 00-2222 01-1048 Paul Essex v. Prince George's Cnty
CIVIL RIGHTS. Whether the district court erred in setting
aside a portion of jury verdict in action alleging unlawful
arrest; attorney's fees.
Lower Court Judge: Williams

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

01-1202 Learning Network v. Discovery Communicat
TRADEMARK. Whether district court erred in enjoining
defendant from proceeding in state court action because of
pending declaratory judgment action triggered by
defendant's cease and desist letter to plaintiff.
Lower Court Judge: Garbis

00-2256 Linda Harshbarger v. Professional Evaluat
ATTORNEY FEES. Whether plaintiff's counsel unreasonably
and vexatiously multiplied the proceedings.
Lower Court Judge: Lee

00-2399 RJ Dunn v. Fleming Co
CONTRACTS. Challenge to summary judgment in action alleging
failure to pay brokerage fees for purchase of supermarket.
Lower Court Judge: Legg

00-2069 Edell & Assoc v. Law Offices Peter An
CONTRACTS. Whether defendant law firm breached its
contractual obligation to pay plaintiff law firm a portion
of contingency fee for representation of state in
litigation against tobacco industry.
Lower Court Judge: Legg

Thursday, May 10, 2001

COURTROOM 1 - Courthouse Room 435 (Red Carpet)
(NOTE: 8:30 start time)

00-2324 (L) 00-2325 Brickwood Contractors v. Datanet
CIVIL. Challenge to Rule 11 sanctions.
Lower Court Judge: Davis

00-6162 USA v. Norman Wilson
AEDPA. Whether appellant's 28 U.S.C.A. section 2255 (West
Supp. 2000) motion filed within one year of re-entry of
judgment following remand from appellate court was timely.
Lower Court Judge: Boyle

00-7663 Eric Glover v. Geraldine Miro
HABEAS CORPUS. Whether petitioner was denied effective
assistance of counsel in his state criminal trial.
Lower Court Judge: Perry

00-7173 Thomas Griggs v. State of MD
HABEAS. Whether Maryland governor's limitation on parole
eligibility for prisoners serving life terms violates Ex
Post Facto Clause.
Lower Court Judge: Williams

COURTROOM 2 - Courthouse Room 233 (Green Carpet)
(NOTE: 8:30 start time)

00-4542 USA v. Ana Gamboa-Felix
SENTENCING. Challenge to district court's failure to impose
sentence below the mandatory minimum under the "safety
valve" provision of 18 U.S.C. Section 3553(f).
Lower Court Judge: Morgan

00-2346 Hiep Dang v. Commissioner IRS
TAX. Whether full payment of tax liability was made prior
to assessment of tax deficiency; whether Tax Court lacked
subject matter jurisdiction; whether taxpayers should be
awarded costs as prevailing parties.

00-4059 (L) 00-4303 USA v. Joseph Perry
CRIMINAL LAW. Challenge to rulings on validity of stop and
ability to challenge habitual offender status; various
issues concerning conviction and sentence for failure to
appear under the Bail Reform Act.
Lower Court Judge: Hilton

00-4321 USA v. Brenda Hamer
CRIMINAL. Sufficiency of indictment; sufficiency of
evidence to support money laundering conviction; other
Lower Court Judge: Currie

COURTROOM 3 - Courthouse Room 225 (Tan Carpet)
(NOTE: 8:30 start time)

00-4779 USA v. Eric Atkins
SEARCH & SEIZURE. Challenge to district court's suppression
of evidence seized from car.
Lower Court Judge: Williams

00-1650 Christina Matvia v. Bald Head Island
EMPLOYMENT DISCRIMINATION. Did district court err by
finding employer established affirmative defense to sexual
harassment; other issues.
Lower Court Judge: Fox

00-2204 Tiffany Stopper v. David Kestel
TRUSTS. Challenge to summary judgment in action alleging
breach of fiduciary duty and gross negligence.
Lower Court Judge: Smalkin

00-4276 USA v. Michael Osteen
CRIMINAL LAW & PROCEDURE. Claim of denial of right to
speedy trial; sentencing issues.
Lower Court Judge: Shedd

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)
(NOTE: 9:30 start time)

00-2349 Karin Van Slyke v. Northrop Grumman
EMPLOYMENT DISCRIMINATION. Propriety of entry of summary
judgment in favor of defendant on gender discrimination
claims on basis that plaintiff failed to show that she was
more qualified than men who were promoted.
Lower Court Judge: Nickerson

00-4767 (L) 00-4807 USA v. Wiley Wilson
CRIMINAL LAW & PROCEDURE. Challenge to dismissal of
indictment on the ground of vindictive prosecution.
Lower Court Judge: Howard

00-1779 Terry Schulze v. Meritor Automotive
CIVIL. The propriety of summary judgment in favor of
employer on Title VII and related state law claims.
Lower Court Judge: Cogburn

00-4269 USA v. Riddick Bowe
SENTENCING. Whether defendant breached plea agreement by
seeking downward departure; challenge to district court's
downward departure at sentencing.
Lower Court Judge: Mullen