U.S. Court of Appeals For The Fourth Circuit

Oral Argument Calendar
Richmond, Virginia
(12/03/2001 - 12/06/2001 Session)

Monday, December 3, 2001
9:30 a.m.

COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-12 Kenneth Rouse v. R. Lee
HABEAS CORPUS. Whether the petition seeking relief in a
death penalty case was timely filed.
Lower Court Judge: Tilley

01-1742 Property Movers v. Joseph Goodwin
BANKRUPTCY. Whether the district court erred in awarding
Rule 8020 damages; whether debtor's appeal was moot due to
debtor's eviction.
Lower Court Judge: Lee

01-1676 RCDI Construction v. Space/Architecture
UNFAIR TRADE PRACTICES. Challenge to judgment on the
pleadings and dismissal of action alleging interference
with construction contract.
Lower Court Judge: Thornburg

COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-1520 Planmatics v. Robert Showers
CONTRACTS. Challenge to summary judgment and dismissal of
action seeking to enforce non-competition employment
Lower Court Judge: Williams

01-1804 Betty Simpson v. Safeco Life Ins
ERISA. Whether district court erred in holding that
insured's self-inflicted gun-shot wound was covered under
accidental death insurance policy.
Lower Court Judge: Herlong

00-2590 (L) 01-1015 Peter Riley v. W. Robey
BANKRUPTCY. Whether trustee performed the duties imposed by
state law in the foreclosure sale of debtor's property.
Lower Court Judge: Michael

COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-1696 Mei-Jong Hung v. Guardian Life
ERISA. Whether insurer abused its discretion or deprived
claimant of procedural due process in denying accidental
death benefits.
Lower Court Judge: Smalkin

01-1582 Hess Energy v. Lightning Oil
CONTRACTS. Whether natural gas purchase agreement permitted
party to assign or transfer the contract.
Lower Court Judge: Cacheris

01-1749 Tara Brown v. Robert Gilmore
CIVIL RIGHTS. Challenge to denial of qualified immunity to
police officer in action arising out of plaintiff's arrest
for disorderly conduct.
Lower Court Judge: Houck

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

00-4632 (L) 00-4695 USA v. Leonard Banks
CRIMINAL. Whether a sentence is properly enhanced pursuant
to USSG Section 2D1.1(a)(3)(c)(4) for quantities of drugs
possessed prior to the instant offense.
Lower Court Judge: Williams

01-1584 Wilbert Lewis v. W. Boucher
CIVIL RIGHTS. Challenge to denial of qualified immunity to
police office in shooting incident.
Lower Court Judge: Wilson

01-1347 (L) 01-1392 David Randall v. Prince George's Cnty
CIVIL RIGHTS. Challenge to jury award of punitive damages
in case based on supervisory liability and police officers'
failure to intervene in unlawful detention of plaintiffs.
Lower Court Judge: Williams

00-1742 (L) 00-1743 Diane Brendsel v. Marvin Cedar
CONTRACTS. Whether manufacturer's statement of intent to
replace defective windows constituted an enforceable offer
to enter into a contract; whether there was a breach of an
implied warranty.
Lower Court Judge: Ellis

Tuesday, December 4, 2001
9:30 a.m.

COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-1255 John Cisne v. GE Capital
CIVIL. Propriety of summary judgment in civil action for
sales commissions based upon alleged oral contract and
North Carolina's "procuring cause" doctrine.
Lower Court Judge: Mullen

01-1572 (L) 01-1681 Aneco Inc v. NLRB
LABOR. Whether employee made a reasonable job search and is
entitled to the full amount of back pay award.

01-1439 Harley McCartney v. Kenneth Apfel
SOCIAL SECURITY. Adequacy of ALJ's findings at Step Three;
substantial evidence; other issues.
15 mins. per side
Lower Court Judge: Keeley

99-4783 (L) 00-4795 USA v. Mark Sarno
CRIMINAL LAW. Whether the district court erred by denying
Sarno's motions to withdraw his guilty pleas; other issues.
Lower Court Judge: Osteen

COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-1086 (L) 01-1118 Tortica Anderson v. GDC Inc
CIVIL. Whether the district court erred in determining
Title VII plaintiff was not entitled to punitive damages
and dismissing plaintiff's claim for retaliation; other
Lower Court Judge: Hilton

01-1020 Violet Cortez v. Prince George's Cnty
42 U.S.C. Section 1983. Whether complaint was sufficient to
survive motion to dismiss in action alleging constitutional
violations stemming from death of pre-trial detainee.
Lower Court Judge: Williams

01-1134 Barden & Robeson v. Fellowship Baptist
ARBITRATION. Whether the failure to raise the affirmative
defense of arbitration in on-going state proceedings bars
review in federal court.
Lower Court Judge: Goodwin

COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-1436 Martin Gavin v. Koons Buick
TRUTH IN LENDING ACT. Challenge to summary judgment in
action alleging errors in computing auto loan's APR;
challenge to judgment as a matter of law on claims of
failure to provide timely disclosures and violation of the
Federal Odometer Act.
Lower Court Judge: Bryan

01-6754 Jerome Yarn v. E. Thomas
PRISONER'S RIGHTS. Whether district court erred in denying
defendants qualified immunity in action alleging excessive
use of force.
Lower Court Judge: Britt

01-1542 McLean Contracting v. Waterman Steamship
ADMIRALTY. Whether barge owner was at fault in damage to
railroad bridge due to improper mooring of barge.
Lower Court Judge: Miller

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

01-1407 Friedman's Inc v. James Dunlap
FEDERAL JURISDICTION. Whether district court erred by
excluding punitive damages claim in determining amount in
controversy in petition to compel arbitration.
Lower Court Judge: Haden

01-1726 Giovani Carandola v. George Bason
CONSTITUTIONAL LAW. Challenge to district court injunction
enjoining the enforcement of state statute which prohibits
nudity and other activities at retail establishment selling
Lower Court Judge: Tilley

01-1442 Robert Hensley v. Alcon Laboratories
CIVIL PROCEDURE. Whether the West Virginia Human Rights Act
applies to waivers of claims brought in a judicial forum;
other issues.
Lower Court Judge: Chambers

01-1418 (L) 01-1452 Jeanine Carson v. Canada Life
INSURANCE. Challenge to the district court's admission of
expert testimony and striking punitive damage award.
Lower Court Judge: Chasanow

Wednesday, December 5, 2001
9:30 a.m.

COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-1826 David Johnson v. City of Aiken
ATTORNEY'S FEES. Challenge to amount of fees awarded under
Section 1988 in light of nominal damages awarded and
limited success on federal constitutional claims.
Lower Court Judge: Cook

01-1410 Primus Sloan v. Winn Dixie
CLASS ACTIONS. Whether district court properly denied class
certification in Title VII case; challenge to dismissal of
individual claims for failure to opt out of previous class
action settlement.
Lower Court Judge: Howard

01-1931 Tri-County Paving v. Ashe County
LAND USE. Challenge to county's refusal to issue building
permit for asphalt plant and subsequent enactment of
Polluting Industries Development Ordinance.
Lower Court Judge: Voorhees

COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-1359 Hill v. Lockheed Martin Log
EMPLOYMENT. Challenge to summary judgment in Title VII and
ADEA action brought by 58 year old female sheet metal
Lower Court Judge: Seymour

01-1738 Kay Tumbleston v. A. O. Smith Corp
ERISA. Whether plan administrator abused its discretion by
characterizing claimant's disability solely as a
"nervous/mental disease."
Lower Court Judge: Wooten

01-1383 Alexander Thompson v. Life Ins
ERISA. Whether plaintiff was in "active service" and
eligible for disability benefits; whether district court
erred in striking documents submitted in support of motion
for relief from judgment.
Lower Court Judge: Britt

COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-1617 James Thompson v. Aluminum Co
LABOR. Whether employer breached collective bargaining
agreement's transfer provisions; whether union breached its
duty of fair representation.
Lower Court Judge: Osteen

01-1369 Nelson-Salabes v. Morningside
COPYRIGHT. Whether owner of property being developed
infringed on copyrighted architectural drawings; damages.
Lower Court Judge: Black

01-1506 (L) 01-1514 01-1515 Gloria Dean v. Pilgrim's Pride
CIVIL PROCEDURE. Challenge to district court's order
granting a voluntary dismissal without imposing conditions
that would prevent defendant from potentially losing a
statute of limitations defense.
Lower Court Judge: Michael

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

01-1198 Hazel Eggers v. Clinchfield Coal
BLACK LUNG. Whether the ALJ erred in reopening the record
on remand; other issues.

01-4274 USA v. Maxine Chong
SENTENCING. Propriety of sentence enhancement for reckless
endangerment under USSG Section 3C1.2; other issues.
15 mins. per side
Lower Court Judge: Britt

01-1214 (L) 01-1256 Joseph Battle v. Seibels Bruce Ins
INSURANCE LAW. Whether 42 U.S.C. Section 4019 preempts
state claims brought against insurance companies who
participate with the Federal Emergency Management Agency
(FEMA) in the Write Your Own (WYO) program.
Lower Court Judge: Britt

01-1234 Clifford Paolillo v. Adrienne Murphy
TORTS. Challenge to application of state statute of
limitations; challenge to summary judgment on claims of
breach of fiduciary duty, conversion and malicious
Lower Court Judge: Nickerson

Thursday, December 6, 2001
9:30 a.m.

COURTROOM 1 - Courthouse Room 435 (Red Carpet)

00-4926 USA v. Michael Barile
CRIMINAL LAW & PROCEDURE. Whether district court erred in
excluding alleged exculpatory evidence in criminal
prosecution for submitting a materially false document to
the FDA.
Lower Court Judge: Williams

01-1638 Local 333 v. Intl Longshoremen
LABOR. Whether international union owed a duty of fair
representation to local chapter.
Lower Court Judge: Legg

01-1525 Taxi Cabvertising v. City of Myrtle Beach
CONSTITUTIONAL LAW. Challenge to municipal ordinance
prohibiting taxicab advertising.
Lower Court Judge: Duffy

01-4335 USA v. William Patterson
CRIMINAL LAW & PROCEDURE. Whether a continuance to allow
government to obtain presence of essential witness violated
the Speedy Trial Act; challenge to admission of fingerprint
card taken by laser operated fingerprint machine.
Lower Court Judge: Doumar

COURTROOM 2 - Courthouse Room 233 (Green Carpet)

00-4882 (L) 00-4918 USA v. William Butner
CRIMINAL. Sufficiency of evidence and calculation of amount
of loss in bankruptcy fraud prosecution; other issues.
Lower Court Judge: Voorhees

00-2512 Jim Hodges v. Donna Shalala
CONSTITUTIONAL LAW. Whether federal regulation of state's
administration of child support program violates the Tenth
Lower Court Judge: Cook

01-1153 Heathmount v. Technodome.com
TRADEMARK. Whether federal court has jurisdiction over a
dispute between Canadians over an internet domain name.
Lower Court Judge: Cacheris

01-4308 USA v. Michael Crews
CRIMINAL LAW & PROCEDURE. Challenge to search and seizure,
sufficiency of evidence and admission of evidence of prior
bad acts.
Lower Court Judge: Howard

COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-4548 USA v. Daniel Alejo-Alejo
SENTENCING. Challenge to downward departure based upon the
relative lack of seriousness of offenses that triggered
aggravated felony enhancement.
15 mins. per side
Lower Court Judge: Osteen

01-4336 USA v. C. Morrison
CRIMINAL. Multiple issues arising out of various
convictions including embezzlement, money laundering, and
failure to account for and pay taxes.
Lower Court Judge: Copenhaver

01-1649 (L) 01-1668 Park Center v. Pennsylvania Mfg
INSURANCE. Whether apartment building's damages were due to
hurricane or to pre-existing deterioration; attorney's
Lower Court Judge: Bryan

00-4687 USA v. Spencer Myers
CRIMINAL LAW. Whether the inclusion of a thirteenth juror
in jury deliberations constitutes reversible error.
Lower Court Judge: Chambers

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

00-4897 USA v. Michael Williams
SENTENCING GUIDELINES. Whether adjustment for abuse of a
position of trust, USSG Section 3B1.3, resulted in
impermissible double counting.
15 mins. per side
Lower Court Judge: Boyle

01-4147 (L) 01-4161 USA v. Freddy Ramirez
CRIMINAL. Whether admission of nontestifying codefendant's
statements violated Confrontation Clause; propriety of
denial of motion to suppress; other issues.
Lower Court Judge: Herlong

01-1312 Branch Banking v. Roger Camp
CONTRACTS. Whether district court erred in refusing to
enforce guaranty agreements; whether district court erred
in refusing to give bankruptcy court order allowing claim
full faith and credit.
Lower Court Judge: Miller

01-1351 Doctor's Exchange v. America's Best
ARBITRATION. Whether district court erred in finding that
Title VII claim was not litigated in arbitration and that
defendant waived the splitting of claims.
Lower Court Judge: Norton