U.S. Court of Appeals For The Fourth Circuit

Oral Argument Calendar
Richmond, Virginia
(01/22/2002 - 01/25/2002 Session)



Tuesday, January 22, 2002
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

97-2512 Crystal Ferguson v. City of Charleston
CIVIL RIGHTS. Challenge to policy of arrest and coerced
medical treatment applied to a virtually all-black group of
indigent pregnant women with drug abuse problems who sought
obstetrical care at public hospital.
Lower Court Judge: Houck

01-1680 Deirde Hurd v. USA
FEDERAL TORT LIABILITY. Whether Coast Guard had a duty to
undertake search and rescue so as to subject the government
to liability under the Suits in Admiralty Act.
Lower Court Judge: Norton

00-2457 Fotios Lekas v. United Airlines
CIVIL. Whether a cause of action accrues under the Railway
Labor Act, 45 U.S.C.A. Section 153 (West 1986) if the
Board's award fails to specify a compliance date.
Lower Court Judge: Hilton


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-24 Ernest Basden v. R. C. Lee
HABEAS CORPUS. Numerous issues arising out of state capital
murder conviction and sentencing.
Lower Court Judge: Fox

01-1938 Trina Yates v. Motivational Ind
JURISDICTION. Whether Canadian corporation had sufficient
contacts within state to create personal jurisdiction.
Lower Court Judge: McKnight

01-6811 Larry Dutton v. Warden
28 U.S.C. SECTION 2241. Whether the provisions of the
International Covenant on Civil and Political Rights
provides a basis of relief under Section 2241; other
issues.
Lower Court Judge: Shedd

01-1899 Friends for Ferrell v. John Stasko
ENVIRONMENTAL LAW. Whether plaintiffs lacked standing to
challenge federal agency's land acquisition.
Lower Court Judge: Doumar


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-13 Michael Fullwood v. R. C. Lee
HABEAS CORPUS. Numerous issues arising out of state capital
murder conviction and sentencing.
Lower Court Judge: Mullen

01-1792 MD Public Service v. USA
CONSTITUTIONAL LAW. Whether U.S. Army's utility
privatization preempts contract awardee from regulation by
the state public utility commission.
Lower Court Judge: Davis

01-1031 (L) 01-1032 01-1033 01-1034 01-1035 01-1036 Raqib Muhammad v. Giant Food
TITLE VII. Challenge to denial of case consolidation for
purposes of discovery; denial of class certification.
Lower Court Judge: Motz


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

01-1705 Suzanne Bynum v. Cigna Healthcare
ERISA. Whether medical services for which plaintiff sought
coverage are cosmetic in nature and are excluded under
group health plan.
Lower Court Judge: Anderson

01-1338 (L) 01-1350 Joyce Dennis v. Columbia Collection
TITLE VII. Challenge to sufficiency of evidence to support
jury verdict on gender discrimination; damages; attorney's
fees.
Lower Court Judge: Norton

01-1615 Andre Jordan v. Town of Morningside
CIVIL RIGHTS. Challenge to dismissal of action arising out
of municipality's annexation and taxation of plaintiffs'
property.
Lower Court Judge: Messitte


Wednesday, January 23, 2002
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-8 (L) 01-10 John Booth-El v. Eugene Nuth
HABEAS CORPUS. Whether elimination of intoxication as an
enumerated mitigating circumstance in state's death penalty
statute violated the Ex Post Facto Clause.
Lower Court Judge: Blake

01-1916 Base Metal v. OJSC
FEDERAL JURISDICTION. Challenge to dismissal for lack of
personal jurisdiction; whether district court should have
allowed jurisdictional discovery.
Lower Court Judge: Garbis

01-1720 Dante Coal v. Stanley Jones
BLACK LUNG. Whether ALJ erred in discrediting medical
opinions that industrial bronchitis caused by coal dust
exposure resolves after exposure ends; and determining that
rebuttal under Section 727.203(b)(3), (4) not established.

01-1431 Eugene Hubka v. Mobil Corp
EMPLOYMENT CONTRACT. Challenge to summary judgment in
action alleging anticipatory repudiation and breach of
employment agreement.
Lower Court Judge: Ellis


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-21 Jerry McWee v. Willie Weldon
HABEAS CORPUS. Numerous issues arising out of state capital
murder conviction and sentencing.
Lower Court Judge: Herlong

00-2588 James Aldridge v. Goodyear Tire
TORTS. Whether district court improperly foreclosed
discovery in action alleging toxic injuries from exposure
to chemicals during employment in tire manufacturing
plant.
Lower Court Judge: Harvey

01-1679 Frances Darcangelo v. Verizon
CIVIL. Whether state law claims are preempted by ERISA;
other issues.
Lower Court Judge: Smalkin

01-1653 (L) 01-1835 H. P. Hood v. NLRB
LABOR. Whether the Board erred in its determination that
challenged voter in union election was an ineligible
seasonal employee; whether regional director's supplemental
report was the product of bias.


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-1441 Maxine Nicholas v. Wal-Mart
CIVIL. Whether district court abused its discretion in
denying motion for new trial or in excluding secondary
evidence of missing security videotape.
Lower Court Judge: Perry

01-2029 NVR v. Just Temps
TORTS. Whether defendant can be held vicariously liable for
the negligent act of a borrowed employee of plaintiff;
whether district court erred in failing to enforce
agreement allocating risk.
Lower Court Judge: Motz

01-1909 Mary Hagwood v. Charles Newton
ERISA. Whether premarital agreement barred rights to
surviving spouse benefits under retirement plans.
Lower Court Judge: Britt


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

01-1605 Erkiletian v. Ins Co of PA
CIVIL. Variety of issues arising from breach of contract
claims in the performance of surety bonds.
Lower Court Judge: Bryan

01-2011 Lawyers Title v. Rex Title
INSURANCE. Whether insurer which has a contractual
relationship with a policy-issuing agent can recover
damages from agent for negligence.
Lower Court Judge: Connelly

01-1888 American Inn v. SunTrust
CONTRACTS. Whether state statute of limitations bars action
alleging over-charges of interest; whether plaintiff waived
its right to sue on debt as a result of a forbearance
agreement.
Lower Court Judge: Spencer


Thursday, January 24, 2002
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-23 Kevin Wiggins v. Thomas Corcoran
HABEAS CORPUS. Challenge to district court's grant of
habeas relief based upon insufficient evidence and the
allegation that counsel was ineffective in not developing a
case in mitigation.
Lower Court Judge: Motz

01-11 Thomas Ivey v. William Catoe
HABEAS CORPUS. Numerous issues arising out of state capital
murder conviction and sentencing.
Lower Court Judge: Anderson

01-1414 PDV Plast v. Polymer Group
DISCOVERY. Challenge to dismissal with prejudice and award
of attorney fees as a sanction for failure to comply with
discovery orders.
Lower Court Judge: Duffy

01-1068 MAC Panel v. Virginia Panel
BANKRUPTCY. Challenge to dismissal of appeal from permanent
injunction and release on the ground of equitable mootness.
Lower Court Judge: Bullock


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-19 Desmond Carter v. R. C. Lee
HABEAS CORPUS. Numerous issues arising out of state capital
murder conviction and sentencing.
Lower Court Judge: Bullock

01-2337 Jane Dixon v. Samuel Edwards, et al
EXPEDITED
Lower Court Judge: Messitte

00-1672 (L) 00-1693 Minh Nguyen v. Armando Arce
TORTS. Challenge to jury instructions, closing remarks of
defendants' counsel, and voir dire in trial of action
arising out of accident between tractor-trailer and
automobile.
Lower Court Judge: Messitte

01-1799 Robert Clem v. S. Corbeau
CIVIL RIGHTS. Challenge to denial of qualified immunity in
case involving police officer's use of deadly force.
Lower Court Judge: Ellis


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-1366 Vantage Marketing v. De Amertek
CHOICE OF LAW. Whether lex loci delicti rule or "most
significant relationship" test applies to unfair and
deceptive trade practices claim; other issues.
Lower Court Judge: Mullen

01-1659 Roanoke Properties v. Dewberry & Davis
ATTORNEY'S FEES. Whether district court erred in denying
attorney's fees and costs to prevailing party pursuant to a
contract provision.
Lower Court Judge: Boyle

01-1608 (L) 01-1986 01-2041 Howard Johannssen v. District No. 1
ERISA. Whether district court erred in overturning plan
administrator's determination that pension plan amendment
was not validly adopted.
Lower Court Judge: Davis

01-1963 Agatha Sokoloski v. Metlife Ins
ERISA. Whether plaintiff was "actively at work" as defined
by disability plan for purposes of coverage.
Lower Court Judge: Nickerson


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

01-6562 (L) 01-4348 USA v. Daniel Colton
CRIMINAL LAW & PROCEDURE. Whether the prosecutor failed to
disclose material exculpatory evidence.
Lower Court Judge: Legg

01-4431 USA v. Gary Hager
SENTENCING. Whether term of home confinement for supervised
release revocation under 18 U.S.C.A. Section 3583(e)(4) is
credited against subsequent term of imprisonment; maximum
length of imprisonment term.
Lower Court Judge: Hallanan

01-1665 State of NC v. Acme Petroleum
ENVIRONMENTAL LAW. Challenge to the state's recovery of
corrective action costs from pollution under Resource
Conservation and Recovery Act.
Lower Court Judge: Mullen

01-7057 USA v. Dennis Olivares
POSTCONVICTION. Whether defendant's enhanced sentence after
second trial constituted double jeopardy when defendant had
completely discharged original sentence.
Lower Court Judge: Williams


Friday, January 25, 2002
8:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-16 Edward Hartman v. R. C. Lee
HABEAS CORPUS. Numerous issues arising out of state capital
murder conviction and sentencing.
Lower Court Judge: Howard

01-1875 Leonard Cottom v. Town of Seven Devils
CIVIL RIGHTS. Challenge to summary judgment in action
brought by ski resort alleging retaliation for exercise of
protected speech; qualified immunity.
Lower Court Judge: Thornburg

00-2497 Wilma Fox v. Kenneth Apfel
SOCIAL SECURITY. Applicability of Social Security Ruling
96-9p; whether substantial evidence supports denial of
disability benefits where ALJ did not address claimant's
instability on transfer between sitting and standing.
15 mins. per side
Lower Court Judge: Chambers

01-4055 USA v. James Mason
CRIMINAL LAW. Whether the government's evidence at trial
engendered a fatal variance in proof with the indictment;
other issues.
Lower Court Judge: Anderson


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-1388 (L) 01-1498 Overnite v. NLRB
LABOR. Whether the Board improperly excluded mechanics from
bargaining units at trucking depots; whether union engaged
in illegal election-day surveillance; other issues.

01-1631 Natl Home v. E. Face
ATTORNEY'S FEES. Whether award of attorney's fees under
Section 1988 is barred under Eleventh Amendment; whether
plaintiff was a prevailing party; whether special
circumstances makes an award of fees against state unjust.
Lower Court Judge: Williams

01-4330 USA v. John Sullivan
CRIMINAL LAW & PROCEDURE. Challenge to sufficiency of
evidence in prosecution for damaging a protected computer;
sentencing issues.
Lower Court Judge: Voorhees


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

00-4296 (L) 00-4305 00-4650 00-4654 USA v. Basem Najjar
CRIMINAL. Numerous issues arising from prosecution for mail
fraud, possession of stolen goods, money laundering, and
related charges.
Lower Court Judge: Chasanow

00-4359 USA v. Overton Pauley
SENTENCING GUIDELINES. Propriety of applying Section
2D1.1(d)(1) murder cross-reference through relevant conduct
on distribution charge; other issues.
15 mins. per side
Lower Court Judge: Copenhaver

01-4484 USA v. Donte Hammond
CRIMINAL LAW & PROCEDURE. Whether prisoner's telephone
conversations were exempted from the protections of the
federal wiretap statute under law enforcement or consent
exceptions.
Lower Court Judge: Blake

00-4809 USA v. Patricia Tai
CRIMINAL LAW. Whether Army Air Force Exchange Service
civilian store detectives must administer Miranda warnings
prior to questioning shoplifting suspect.
Lower Court Judge: Blake


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

00-4273 (L) 00-4336 USA v. Gregory Duffy
CRIMINAL LAW & PROCEDURE. Challenge to denial of severance;
sufficiency of the evidence; sentencing issues.
Lower Court Judge: Legg

01-4211 USA v. Kevin Hemingway
CRIMINAL. Whether South Carolina conviction for pointing
or presenting a firearm qualifies as predicate offense
under the Armed Career Criminal Act, 18 U.S.C.A. Section
924(e) (West 2000).
Lower Court Judge: Duffy

01-4364 USA v. Mary Warnick
SENTENCING GUIDELINES. Whether the district court erred in
denying application of the safety valve provision in USSG
Section 2D1.1(b)(6).
15 mins. per side
Lower Court Judge: Broadwater

01-4285 USA v. Morris Moody
CRIMINAL. Whether 28 U.S.C. Section 851 impermissibly
delegates Congressional power to the Executive Branch.
Lower Court Judge: Williams