U.S. Court of Appeals For The Fourth Circuit

Oral Argument Calendar
Richmond, Virginia
(10/29/2001 - 11/02/2001 Session)

Monday, October 29, 2001
9:30 a.m.

COURTROOM 1 - Courthouse Room 435 (Red Carpet)

00-1732 (L) 00-1943 01-1165 01-1335 Jonathan Lewin v. William Cooke
CIVIL. Numerous issues arising from denial of relief on
action under Family Educational Rights and Privacy Act and
imposition of sanctions on plaintiff.
Lower Court Judge: Smith

00-1989 Commodity Futures v. Kimberlynn Creek
COMMODITY EXCHANGE ACT. Challenge to preliminary injunction
in action alleging fraudulent telemarketing of illegal
futures contracts.
Lower Court Judge: Voorhees

01-1266 Ida Wells v. G. Liddy
DEFAMATION. Challenge to grant of judgment as a matter of
law upon the ground that no jury could find defendant was
negligent by failing to exercise ordinary care.
Lower Court Judge: Motz

00-4851 (L) 00-4853 USA v. Joseph Robinson
CRIMINAL LAW & PROCEDURE. Whether government established
proper venue; challenge to search and seizure; whether
defendant was denied his statutory right to two counsel.
Lower Court Judge: Chasanow

COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-1512 Heather Mercer v. Duke University
CIVIL RIGHTS. Challenge to an award of punitive damages in
action brought under Title IX.
Lower Court Judge: Beaty

01-1037 Candle Factory v. Trade Assoc
COPYRIGHT. Challenge to grant of preliminary injunction in
action alleging violation of copyright on seashell candles.
Lower Court Judge: Boyle

01-4004 USA v. Omar Jackson
CRIMINAL LAW. Whether the district court improperly defined
the term "unlawful user" of controlled substances under
18 U.S.C. Section 922(g)(3)(1994); other issues.
Lower Court Judge: Spencer

00-4024 United States v. Carmichael Cannady
PLEA AGREEMENT. Whether district court's requirement that
plea agreement include waiver of right to bring 28 U.S.C.A.
Section 2255 proceeding amounted to participation in plea
negotiations in violation of Fed. R. Crim. P. 11.
Lower Court Judge: Smalkin

COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-1342 Mary Pollard v. High's of Baltimore
disabled under the ADA due to her back injury; other
Lower Court Judge: Davis

01-1049 Mary Khan v. Worcester Cnty
STATE LAW. Whether defendants are entitled to qualified
immunity on Maryland constitutional claims; other issues.
Lower Court Judge: Davis

01-1106 Habitat Architectural v. Capitol Lodging
ARBITRATION. Challenge to grant of summary judgment and
order compelling arbitration.
Lower Court Judge: Osteen

00-4580 USA v. William Farmer
FORFEITURES. Whether defendant had a right to an immediate
hearing to determine whether he could access assets seized
by the government under civil forfeiture statutes to fund
his criminal defense costs.
Lower Court Judge: Shedd

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

00-2424 James Pratt v. Natl Postal Mail
LABOR. Whether employer grievance settlements reached under
a collective bargaining agreement are enforceable contracts
subject to arbitration.
Lower Court Judge: Hilton

01-1021 (L) 01-1022 Republic of Rwanda v. Aloys Uwimana
BANKRUPTCY. Challenge to the dischargeability of foreign
government's funds used by former diplomat to defect.
Lower Court Judge: Chasanow

00-7188 USA v. Courtney Gregory
HABEAS CORPUS. Whether rationale of United States v.
Rhynes, 96 F.3d 207 (4th Cir. 1999), was sufficiently novel
at time of defendant's direct appeal to render it
unavailable for purposes of establishing cause; other
Lower Court Judge: Jackson

Tuesday, October 30, 2001
9:30 a.m.

COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-1395 United Fed Leasing v. USA
FEDERAL JURISDICTION. Whether district court properly
determined it lacked jurisdiction over FTCA action to
recover computer equipment from the Navy because claim
should proceed under the CDA.
Lower Court Judge: Lee

01-1470 California State v. Natl Science
ADMINISTRATIVE AGENCY. Challenge to the National Science
Foundation's decision to seek a refund of grant money for
alleged non-performance by grantholder.
Lower Court Judge: Lee

99-1497 (L) 99-1552 99-1987 South Atlantic v. David Riese
UNFAIR TRADE PRACTICES. Whether plaintiffs wrongfully
terminated partnership to construct apartment community;
challenge to jury instruction on RICO claim; whether
defendants breached a fiduciary duty.
Lower Court Judge: Howard

01-1523 Danby of North America v. Travelers Ins
INSURANCE. Challenge to summary judgment in action alleging
breach of duty to defend or pay costs of defending
Lower Court Judge: Boyle

COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-1450 Patrick Griffin v. Dept Veteran Affairs
CONSTITUTIONAL LAW. Challenge to First Amendment claim of
right to display the Confederate battle flag at Civil War
Lower Court Judge: Nickerson

00-4485 (L) 00-4583 USA v. Kermit Bunn
CRIMINAL. Challenge to sufficiency of evidence that a
evidence issues; sentencing issues.
Lower Court Judge: Stamp

01-1073 Portia Bass v. E I DuPont
CIVIL. Whether plaintiff can make claims for wrongful
discharge or spoliation of evidence; propriety of age
harassment claim.
Lower Court Judge: Kiser

COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

00-2540 Bruce Foster v. Arletty 3 SARL
PERSONAL JURISDICTION. Whether the district court erred in
determining that it lacked personal jurisdiction over
defendants; other issues.
Lower Court Judge: Herlong

01-1305 Estate of Frank v. USA
TAX. Whether recipient's obligation to pay all taxes, costs
and expenses associated with gift reduced the gift's value.
Lower Court Judge: Michael

01-4501 USA v. William Solomon
EMPLOYMENT. Challenge to summary judgment in Title VII and
ADEA action brought by 58 year-old female sheet metal
Lower Court Judge: Lee

01-6411 Lisa Rubin v. Archie Gee
HABEAS CORPUS. Whether petitioner is entitled to habeas
corpus relief based on ineffective assistance of counsel
due to a conflict of interest.
Lower Court Judge: Messitte

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

00-1971 (L) 01-1231 Accrued Financial v. Prime Retail
UNFAIR TRADE PRACTICES. Whether assignment of right to sue
constituted contingent fee witness agreement in violation
of public policy; whether second action was barred by res
Lower Court Judge: Motz

00-4197 (L) 00-4198 00-4199 00-4255 00-4468 USA v. Michael Levenite
CRIMINAL LAW & PROCEDURE. Challenge to district court's
excusing one juror and allowing the remaining eleven to
continue; sufficiency of the evidence; whether electric
detonators were weapons to be included in sentencing
guideline score.
Lower Court Judge: Morgan

00-4662 (L) 00-4663 00-4664 USA v. Claude Bellamy
CRIMINAL. Admissibility of expert testimony; application of
sentencing guidelines; numerous other issues.
Lower Court Judge: Fox

01-4065 USA v. Charles Dickerson
CRIMINAL LAW. Whether the district court erred in
instructing the jury; other issues.
Lower Court Judge: Cacheris

Wednesday, October 31, 2001
9:30 a.m.

COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-1172 (L) 01-1173 Martin Sheehan v. Raymond Morehead
BANKRUPTCY. Whether the proceeds of a disability policy are
fully exempt under state law or only exempt to the extent
reasonably necessary for debtor's support.
Lower Court Judge: Keeley

00-2543 Pamela Hunter v. Earthgrains Co
SANCTIONS. Whether the district court abused its discretion
by sanctioning appellant for filing frivolous litigation;
other issues.
Lower Court Judge: Potter

00-2234 (L) 00-2462 01-1852 Levin v. Septodont Inc
CONTRACTS. Whether contract to sell patent was invalid due
to lack of consideration because joint inventor allegedly
omitted himself from patent application with deceptive
intent; whether indemnity portion of agreement entitles
plantiffs to their attorney's fees.
Lower Court Judge: Nickerson

00-4773 USA v. Terrell Bynum
SEARCH & SEIZURE. Challenge to the suppression of physical
Lower Court Judge: Payne

COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-1583 Ethan Rosenfeld v. Montgomery Cnty
EDUCATION. Whether plaintiffs lacked standing to challenge
admission practice in county's public schools; challenge to
district court's sealing order.
Lower Court Judge: Legg

01-1602 Daniel Murray v. United Food
ARBITRATION. Challenge to grant of motion to compel
arbitration and the dismissal of defamation claim.
Lower Court Judge: Motz

01-1443 State of WV v. HHS
MEDICAID. Whether state's continued receipt of Medicaid
funding can be conditioned upon the state's collection of
money from estates of deceased beneficiaries.
Lower Court Judge: Goodwin

01-1242 Sons of Confederate v. Commissioner VA
CONSTITUTIONAL LAW. Whether the district court erred in
requiring state to issue specialty vehicle license plates
as a form of expression protected by the First Amendment.
Lower Court Judge: Kiser

COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-1286 (L) 01-1287 C L Ritter Lumber v. Consolidation Coal
CONTRACTS. Challenge to diversity jurisdiction; challenge
to evidence of defendants' negotiations and leases with
non-parties; whether coal bed methane gas leases allowed
for deduction of taxes from royalties.
Lower Court Judge: Wilson

01-1614 GE Capital v. Golden Corral
CONTRACTS. Challenge to summary judgment and dismissal of
action seeking to collect loans arising out of restaurant
franchise finance program.
Lower Court Judge: Boyle

00-2269 (L) 00-2315 Daniel Adams v. City of Norfolk
FAIR LABOR STANDARDS ACT. Challenge to summary judgment in
action by emergency medical services personnel for overtime
compensation; whether plaintiffs were "dual function"
employees engaged in fire protection activities.
Lower Court Judge: Doumar

01-1378 Binswanger v. Merry-Go-Round
BANKRUPTCY. Whether real estate brokerage service has right
to a commission for the sale of debtor's warehouse
Lower Court Judge: Motz

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

01-1468 (L) 01-1510 Natl American v. Ruppert Landscaping
BANKRUPTCY. Challenge to denial of successor liability
Lower Court Judge: Brinkema

01-1348 (L) 01-1479 Christine Beaumont v. Federal Election
CONSTITUTIONAL LAW. Whether the Federal Election Campaign
Act's ban on corporate campaign contributions is
Lower Court Judge: Boyle

01-1564 (L) 01-1647 ADCS Inc v. Rollie Kimbrough
TORTS. Challenge to summary judgment on the basis of
corporate employee tort immunity.
Lower Court Judge: Hilton

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

COURTROOM 1 - Courthouse Room 435 (Red Carpet)

00-4415 USA v. Anderson Benenhaley
CRIMINAL LAW & PROCEDURE. Challenge to the sufficiency of
indictments and evidence on drug charges.
Lower Court Judge: Shedd

00-1697 Teresa Toler v. State Farm
INSURANCE. Whether "car business" exclusions applied
thereby precluding medical payment coverage.
Lower Court Judge: Haden

COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-1502 Star Scientific v. Randolph Beales
CONSTITUTIONAL LAW. Challenge to state statute requiring
cigarette manufacturers who were not parties to the Master
Settlement Agreement to either join the agreement or make
escrow deposits keyed to their cigarette sales volume.
Lower Court Judge: Spencer

01-1353 (L) 01-1843 JTH Tax Incorporated v. H&R Block Eastern
LANHAM ACT. Whether defendant engaged in false or deceptive
advertisement of tax preparation and refund program;
damages; challenge to prohibition from using federally
registered service mark on electronic tax returns.
Lower Court Judge: Jackson

01-1616 Sharon Rhoades v. Greenbriar Corp
EMPLOYMENT AGREEMENT. Challenge to summary judgment
enforcing employment contract entered into by predecessor
corporation prior to merger.
Lower Court Judge: Britt

01-1110 (L) 01-1111 Focus Golf v. John Emery
EMPLOYMENT. Cross-appeals from judgment on claims of breach
of fiduciary duty and conversion of company funds and
counterclaims of unpaid salary, profit share and rent.
Lower Court Judge: Catoe

COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-1544 Mary Thomas v. Commissioner, Soc
SOCIAL SECURITY. Whether Appeals Council must provide
written findings regarding new evidence; whether ALJ's
factual inaccuracies require remand for reweighing of
15 mins. per side
Lower Court Judge: Mullen

01-1104 Douglas Wilder v. Toyota Motor
PRODUCT LIABILITY. Challenge to summary judgment in action
alleging malfunction in vehicle air bag system.
Lower Court Judge: Jones

01-1507 Charles Richmond v. Nobel Ins
INSURANCE. Whether insurer's offer to pay its policy limit
under a liability insurance policy bars an obligation to
pay post-judgment interest.
Lower Court Judge: Spencer

01-1546 Penn America Ins v. Joseph Valade
INSURANCE. Challenge to summary judgment in declaratory
judgment action brought by insurance carrier to determine
its obligation to defend or indemnify insured.
Lower Court Judge: Fox

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

00-2451 Bernadette Michelone v. Rene Desmarais
CIVIL PROCEDURE. Challenge to defendant's failure to
disclose report of expert witness until fifteen days before
Lower Court Judge: Blake

01-1408 Wootton Enterprises v. Subaru
CONTRACTS. Challenge to summary judgment by automobile
dealer franchisee in action alleging breach of contract,
fraud, antitrust violations and violation of state
automobile dealers' law.
Lower Court Judge: Davis

01-1541 Joseph Bryant v. Bell Atlantic
EMPLOYMENT. Whether it was necessary for employer to
enforce arbitration award under Collective Bargaining
Agreement grievance procedure rather than filing suit;
challenge to summary judgment on Title VII claim.
Lower Court Judge: Legg

01-4238 US v. Randall E. Short
CRIMINAL LAW & PROCEDURE. Challenge to district court's
order of restitution.
Lower Court Judge: Keeley

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

COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-4101 USA v. Ramona Holcombe
CRIMINAL LAW & PROCEDURE. Challenge to sufficiency of
evidence of two conspiracy crimes, wire fraud and money
laundering; sentencing issues.
Lower Court Judge: Chambers

00-2515 (L) 00-2544 Phoenix Color v. Krause America
CONTRACTS. Whether purchaser made an effective revocation
of acceptance.
Lower Court Judge: Smalkin

00-2453 Victoria Smyth v. Sonia Rivero
ATTORNEY'S FEES. Challenge to award of attorney's fees in
action dismissed as moot after state unilaterally changed
its welfare practices.
Lower Court Judge: Michael

00-1488 Commodity Futures v. Esfand Baragosh
COMMODITIES. Whether the Commission had authority to
regulate off-exchange foreign currency futures transactions
targeted at unsophisticated private individuals.
Lower Court Judge: Messitte

COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-1174 (L) 01-1371 RGC v. NLRB
LABOR. Whether employer made shift assignments in
retaliation for employees' union activity.

00-2366 Burbach Broadcasting v. Elkins Radio
CONTRACTS. Whether letter of intent to purchase assets was
an enforceable contract.
Lower Court Judge: Maxwell

01-1345 Richard Smith v. WMATA
WRONGFUL DEATH. Whether WMATA's immunity precludes suit
where decedent died from a heart attack while walking up a
stationary escalator.
Lower Court Judge: Williams

COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

00-4872 USA v. Denise Patterson
CRIMINAL. Whether parking area was within curtilage of
residence for Fourth Amendment purposes.
Lower Court Judge: Williams

01-4264 USA v. Ricky Sterling
CRIMINAL LAW. Whether district court properly denied motion
to suppress statement made prior to Miranda warnings and
evidence flowing from statement.
Lower Court Judge: Smalkin

00-4728 (L) 00-4738 USA v. James Holmes
CRIMINAL. Whether prosecutor's remarks violated Griffin v.
California; other issues.
Lower Court Judge: Herlong

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

00-4754 USA v. Otis Weaver
FOURTH AMENDMENT. Whether Weaver consented to accompany
police officer when officer retained Weaver's
identification; other issues.
Lower Court Judge: Messitte

00-4616 (L) 00-4653 USA v. Rene Bonetti
CRIMINAL LAW & PROCEDURE. Whether district court erred in
denying defendant's motion in limine to exclude medical
evidence; whether district court erred by not imposing
mandatory restitution.
Lower Court Judge: Chasanow

01-1278 Armco Inc v. James Martin
BLACK LUNG. Whether petitioner is the responsible operator
under 20 C.F.R. Section 725.493(b) when claimant had been
employed for approximately six months, but actually worked
at least 125 days during the calendar year.
15 mins. per side

01-4121 USA v. David Solomon
EVIDENCE. Whether subpoenaed witness was "unavailable" at
criminal trial under Fed. R. Evid. 804 for admission of
prior testimony given at suppression hearing; documentary
evidence; sufficiency.
Lower Court Judge: Stamp