U.S. Court of Appeals For The Fourth Circuit

Oral Argument Calendar
Richmond, Virginia
(06/04/2001 - 06/07/2001 Session)

Monday, June 4, 2001
9:30 a.m.

COURTROOM 1 - Courthouse Room 435 (Red Carpet)

00-1241 Bongam v. Action Toyota Inc
42 U.S.C. Section 1981. Whether the district court erred in
dismissing claims of racial discrimination in automobile
sales contract; other issues.
Lower Court Judge: Goodwin

00-2232 (L) 00-2233 00-2261 C.F. Trust Inc v. Barrie Peterson
BANKRUPTCY. Whether the bankruptcy court's Final Report
Order should be given preclusive effect and extinguished
liability for attorney's fees under the merger doctrine.
Lower Court Judge: Brinkema

00-2305 Robert Betts v. Rector and Visitors
judgment entered in favor of university on grounds that
student neither had a disability nor was regarded as having
a disability.
Lower Court Judge: Michael

99-4824 USA v. Frank Johnson
SEARCH & SEIZURE. Whether the arresting officer lacked
probable cause to make an initial traffic stop.
Lower Court Judge: Anderson

COURTROOM 2 - Courthouse Room 233 (Green Carpet)

99-1888 M. Pam Davis v. University of NC
AMERICANS WITH DISABILITIES ACT. Whether the district court
properly applied "pretext-plus" analysis; other issues.
Lower Court Judge: Britt

00-2297 (L) 00-2434 Microstrategy v. Betty Lauricia
ARBITRATION. Challenge to denial of motion to compel
arbitration; whether plaintiff properly exhausted
administrative remedies.
Lower Court Judge: Ellis

00-6905 Aaron Michel v. USA
CIVIL. Whether the district court abused its discretion in
granting the government's motion to sanction defense
counsel under 28 U.S.C. Section 1927 (1994), or under its
inherent authority.
Lower Court Judge: Voorhees

01-4109 USA v. Kymberli Parker
CRIMINAL LAW & PROCEDURE. Challenge to denial of motion to
suppress defendant's statement to ATF agents; challenge to
jury instructions.
Lower Court Judge: Chasanow

COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

00-2302 Buddy Carter v. City of Charleston
SETTLEMENT. Challenge to district court finding of
municipality in civil contempt for violation of settlement
agreement in Fair Labor Standards Act case.
Lower Court Judge: Norton

00-1912 (L) 00-1913 Lynn Tavenner v. Kenneth Smoot
BANKRUPTCY. Whether Trustee can avoid and recover debtor's
alleged fraudulent transfer even though the funds were
exempt before the challenged transfer.
Lower Court Judge: Williams

01-1059 Timothy Mosher v. Washington Gas
EMPLOYMENT. Challenge to grant of summary judgment in
action alleging discrimination based on age under the ADEA.
Lower Court Judge: Bryan

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

00-2574 Crawford & Co v. M. Hayes & Assoc
EMPLOYMENT. Whether employee breached her duty of loyalty
prior to her resignation to operate a competing business.
Lower Court Judge: Motz

00-2072 Richard Moseman v. Blake Van Leer
CONTRACTS. Challenge to grant of summary judgment in action
alleging misrepresentation and fraud in the sale of
interests in landfill project and the execution of
Lower Court Judge: Nickerson

00-1807 Atlantic Funding v. Barrie Peterson
CIVIL. Propriety of orders overruling objections to resale
of stock certificates and confirming resale; other issues.
Lower Court Judge: Brinkema

00-2387 Beretta USA v. Federal Ins Co
INSURANCE. Challenge to summary judgment in action seeking
coverage for costs of defending lawsuits against firearm
Lower Court Judge: Blake

Tuesday, June 5, 2001
9:30 a.m.

COURTROOM 1 - Courthouse Room 435 (Red Carpet)

00-2511 JKC Holding v. Washington Sports
CONTRACTS. Whether stock purchase agreement allowed the
forfeiture of a $30 million dollar deposit because the NFL
failed to approve buyer as new owner of professional
football team.
Lower Court Judge: Hilton

00-2509 Domain Name v. F.C.F. Inc
TRADEMARK. Challenge to denial of motion to dismiss or
transfer for improper venue and to the granting of summary
judgment requiring the immediate transfer of rights to an
internet domain name.
Lower Court Judge: Hilton

01-1072 Universal Suppliers v. Regional Bldg
BANKRUPTCY. Whether creditor's lien was extinguished by
Lower Court Judge: Nickerson

01-1065 Nancy Barron v. Unum Life Ins
ERISA. Whether a release signed to settle benefits under
long-term disability plan through claimant's former
employer barred a later claim under long-term disability
plan of a subsequent employer.
Lower Court Judge: Nickerson

COURTROOM 2 - Courthouse Room 233 (Green Carpet)

00-2394 (L) 00-2501 Kurt Wassenaar v. Louis Simons
BANKRUPTCY. Whether debtor's former partners were entitled
to contribution from debtor on promissory note.
Lower Court Judge: Moon

00-1453 (L) 00-1543 00-1991 Castles Auto v. Exxon
TORTS. Challenge to denial of new trial in action arising
out of alleged contamination of property; prejudgment
Lower Court Judge: Voorhees

00-1685 North Jefferson v. Virginia Housing
HOUSING. Challenge to dismissal of third-party complaint
against HUD and remand of remaining issues to state court.
Lower Court Judge: Jackson

COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

00-1526 Phillip Ettinger v. Milvets Systems
CONTRACTS. Whether failure to form a business entity
designed to perform an employment service contract
constitutes material breach under Maryland law; other
Lower Court Judge: Hilton

00-2388 C&H v. Andrew Richardson
CIVIL RIGHTS. Challenge to grant of summary judgment in
action alleging selective enforcement of state laws
concerning workers' compensation coverage of taxicab
Lower Court Judge: Goodwin

00-7665 Ricardo Welch v. Janet Reno
IMMIGRATION. Whether Section 236(c) of the INA requiring
detention during administrative removal of aliens is
Lower Court Judge: Blake

99-2071 Doris Vaughn v. Donna Shalala
CIVIL. Whether the settlement agreement was properly
enforced; other issues.
Lower Court Judge: Williams

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

01-1 (L) 01-2 In re: Daniel Braxton
HABEAS CORPUS. Whether district court order is an
injunction for purposes of interlocutory review; whether
district court acted properly in ordering state to locate
preserve and make available to petitioner evidence for his
state court trial.

00-1997 (L) 00-1998 Elgin Thompson v. Vane Lines
PERSONAL INJURY. Whether district court's findings on
causation were clearly erroneous.
Lower Court Judge: Doumar

00-1876 Mary Pettiford v. Granville County
EMPLOYMENT. Numerous issues arising out of teacher's
Lower Court Judge: Fox

00-2153 (L) 01-1095 Washington-Dulles v. Metropolitan
FEDERAL JURISDICTION. Whether the district court had
subject matter jurisdiction in action against Metropolitan
Washington Airports Authority concerning taxicab concession
at airport.
Lower Court Judge: Hilton

(NOTE: 2:30 start time)
Attorney discipline.

Wednesday, June 6, 2001
9:30 a.m.

COURTROOM 1 - Courthouse Room 435 (Red Carpet)

00-1951 Carl Thorn v. Itmann Coal
BLACK LUNG. Whether BRB erred in allowing employer to
reopen the record; whether employer rebutted presumption of
total disability.
15 mins. per side

00-2263 Elaine Chao v. Mid-Atlantic
LABOR. Whether television cable installers are employees
within the meaning of the Fair Labor Standards Act.
Lower Court Judge: Smalkin

00-2488 Host Marriott v. USA
TAX. Whether a deduction for interest on a federal tax
deficiency results in a "specified liability loss" under
the Tax Code.
Lower Court Judge: Chasanow

COURTROOM 2 - Courthouse Room 233 (Green Carpet)

00-2542 (L) 00-2557 Potomac Electric v. Electric Motor
RICO. Challenge to summary judgment in action alleging
fraudulent activities in the repair of electric motors.
Lower Court Judge: Smalkin

00-4846 USA v. Paul Luskin
CRIMINAL LAW & PROCEDURE. Whether district court can reduce
sentence under F. R. Crim. P. 35(b) when it lacked
jurisdiction to vacate sentence under Section 2255.
Lower Court Judge: Motz

00-2371 Ablavi Malm v. INS
IMMIGRATION. Whether petitioner's motion to reopen removal
proceedings under the Torture Convention is subject to time
and numerical limitations on motions to reopen in INS

01-1191 Edwin Rector v. Approved Federal
SANCTIONS. Challenge to district court order imposing
sanctions without giving the "safe harbor" notice under
Lower Court Judge: Hilton

COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

00-2253 Sewell Coal v. Gilmer O'Dell
BLACK LUNG BENEFITS. Whether the ALJ erred in considering
party affiliation in evaluating the X-ray evidence; whether
the ALJ erred in determining that, if the Section
727.203(a)(1) presumption was established, rebuttal under
Section 727.203(b)(4) was precluded as a matter of law.

00-2592 Out of Chaos v. Aon Corp
INSURANCE. Challenge to summary judgment in action alleging
losses due to breach of contract and negligence of
insurance companies and insurance broker.
Lower Court Judge: Brinkema

00-2508 MedCap v. Betsy Johnson Health
CONTRACTS. Whether agreement for use of medical equipment
was an installment contract for statute of limitations
purposes; choice of law.
Lower Court Judge: Webb

00-2545 (L) 01-1064 Consolidated Diesel v. NLRB
LABOR. Whether employer's procedure for addressing
harassment claims was unlawful; whether NLRB erred in
refusing to reinstate settlement agreement; whether NLRB
proposed notice is overly broad.

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

00-2340 (L) 00-2341 00-2568 00-2569 Jackson Baynard v. Katherine Malone
CIVIL RIGHTS. Whether school principal should have been
granted judgment as a matter of law in action alleging
breach of supervisory responsibility due to sexual abuse of
student by teacher.
Lower Court Judge: Brinkema

Thursday, June 7, 2001
9:30 a.m.

COURTROOM 1 - Courthouse Room 435 (Red Carpet)

98-4553 USA v. Everette Hawkins
CRIMINAL. Whether the district court erred in finding that
prior burglary convictions were not related because they
were not part of a common scheme or plan as defined in
United States v. Breckenridge, 93 F.3d 132 (4th Cir. 1996).
Lower Court Judge: Herlong

00-4429 USA v. Carlos Carlton
SENTENCING GUIDELINES. Whether the district court committed
plain error by increasing the defendant's base offense
level by four, pursuant to USSG section 2K2.1(b)(5), for
using or possessing a firearm "in connection with" another
felony offense. 15 mins. per side
Lower Court Judge: Beaty

99-1779 Debra Gupton v. Food Lion
STATE TORT LAW. Whether the district court erred in
concluding that defendant did not have constructive notice
of foreign substance on floor.
Lower Court Judge: Hawkins

00-2312 (L) 00-2575 Stefan Jaynes v. Newport News
EDUCATION. Challenge to award of tuition reimbursement
under IDEA.
Lower Court Judge: Morgan

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

00-2555 Lloyd Carr v. Forbes Inc
DEFAMATION. Whether plaintiff was a public figure; whether
there was sufficient evidence of malice to require
submitting case to jury.
Lower Court Judge: Anderson

00-4331 USA v. Nelson Jennings
CRIMINAL LAW. Whether failure to give additional jury
instruction deprived defendant of fair trial for aiding in
preparation of fraudulent tax returns; other issues.
Lower Court Judge: Morgan

00-4438 USA v. Brian Richmond
SENTENCING GUIDELINES. Whether district court erred by not
granting defendant adjustment for acceptance of
responsibility; breach of plea agreement.
15 mins. per side
Lower Court Judge: Haden

00-4599 USA v. Demarco Murphy
SENTENCING GUIDELINES. Propriety of USSG Section 3B1.4
enhancement for use of juvenile in offense; standard of
review; other issues.
15 mins. per side
Lower Court Judge: Boyle

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

97-2358 Agwu Okpa v. INS
IMMIGRATION. Whether the Board improperly concluded that
the amendment to INA section 212(i) applies retroactively;
whether this Court has jurisdiction over petitioner's

00-4461 (L) 00-4465 USA v. Alphelious Rooks
CRIMINAL LAW & PROCEDURE. Whether appellants were
improperly sentenced in violation of Apprendi v.
New Jersey, 530 U.S. 466 (2000); sufficiency of the
evidence; other issues.
Lower Court Judge: Williams

00-4856 (L) 00-4902 USA v. Curtis Terry
CRIMINAL LAW & PROCEDURE. Challenge to dismissal of
indictment on the ground that the church damaged by arson
was not used in interstate or foreign commerce.
Lower Court Judge: Fox

00-4584 USA v. Catalin Buculei
CRIMINAL LAW & PROCEDURE. Whether the evidence was
sufficient to support the findings of guilt; other issues.
Lower Court Judge: Nickerson

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)
(NOTE: 9:00 start time)

00-2478 Clinchfield Coal v. Teddy Smith
BLACK LUNG. Whether substantial evidence supports finding
of disabling pneumoconiosis.
15 mins. per side

00-4748 USA v. John Sandalis
CRIMINAL. Did district court err by failing to conduct
hearing on allegations of juror bias; other issues.
Lower Court Judge: Moon

00-2381 Elmer Hipolito v. Northwest Airlines
WRONGFUL DEATH. Challenge to summary judgment in action
arising out of death of airline passenger.
Lower Court Judge: Doumar