U.S. Court of Appeals For The Fourth Circuit

Oral Argument Calendar
Richmond, Virginia
(04/02/2002 - 04/05/2002 Session)



Tuesday, April 2, 2002
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

00-7807 USA v. Yitschak Ebert
CRIMINAL. Whether the district court had jurisdiction to
decide motion for return of property under Fed. R. Crim. P.
41(e) while appeal of sentence is pending.
Lower Court Judge: Britt

01-1045 Sherry Cantrell v. Weber-Stephen Products
CIVIL. Whether summary judgment was properly granted in
personal injury action due to plaintiff's failure to
proffer testimony of an expert witness.
Lower Court Judge: Blake

01-1779 (L) 01-1780 US Trustee v. Equipment Services
BANKRUPTCY. Whether pre-petition attorney retainer is
property of the estate.
Lower Court Judge: Jones

01-1648 Lisa Ocheltree v. Scollon Productions
TITLE VII. Challenge to sufficiency of evidence of
workplace sexual harassment; challenge to punitive damages.
Lower Court Judge: Perry


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-1217 (L) 01-2390 Nationwide Mutual v. Powell
CIVIL. Whether notification of a waiver of UIM coverage may
be assumed from the renewal of exhisting automobile
insurance coverage.
Lower Court Judge: Duffy

01-1953 (L) 01-1962 01-1980 Media General v. Richmond Newspapers
ARBITRATION. Challenge to arbitrator's opinion and award
under collective bargaining agreement.
Lower Court Judge: Payne

01-1318 Andre Hunter v. Prince George's Cnty
CIVIL RIGHTS. Whether the district court erred in granting
summary judgment.
Lower Court Judge: Chasanow

01-1716 Patricia Ball v. NCRIC
INSURANCE. Challenge to denial of coverage to medical
malpractice claim.
Lower Court Judge: Williams


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-6115 (L) 01-6253 Carlos San-Miguel v. Dan Dove
CRIMINAL. (1) Whether a claim under Apprendi v. New Jersey
falls within the savings clause of 28 U.S.C. Section 2255
such that it may be raised under 28 U.S.C. Section 2241;
(2) whether San-Miguel v. Dove should be transferred to the
District of Puerto Rico.
Lower Court Judge: Haden

01-2112 Isidro Gomez v. W. Atkins
CIVIL RIGHTS. Whether law enforcement officer is entitled
to qualified immunity in wrongful arrest and prosecution
case.
Lower Court Judge: Britt

00-1218 (L) 00-1319 Global Advanced Tech v. Ross
UNFAIR BUSINESS PRACTICES. Challenge to jury verdict and
denial of motion for new trial in action alleging civil
conspiracy to breach fiduciary duties of plaintiff's agent.
Lower Court Judge: Brinkema

01-2188 Donna Meredith v. MAMSI Ins
INSURANCE. Whether policy's "dental implants" exclusion
barred recovery.
Lower Court Judge: Faber


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

01-2081 Sherif Saad v. Baltimore Life
DISCRIMINATION. Whether district court erred in granting
judgment as a matter of law in favor of defendant in suit
claiming alienage discrimination in denial of insurance
coverage.
Lower Court Judge: Davis

01-2312 Marion Gray-Hopkins v. Prince George's Cnty
QUALIFIED IMMUNITY. Whether district court erred in denying
police officer's motion for summary judgment on the basis
of qualified immunity in shooting of plaintiff's decedent.
Lower Court Judge: Chasanow

01-6480 USA v. Douglas Dodson
HABEAS CORPUS. When this Court affirms a conviction but
vacates the corresponding sentence, then affirms the
sentence imposed at resentencing, when does the one-year
limitations period of 28 U.S.C.A. Section 2255 begin to
run?
Lower Court Judge: Spencer


Wednesday, April 3, 2002
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-2245 Hilda White v. James Hunt
CONSTITUTIONAL LAW. Whether the Eleventh Amendment bars an
action to compel a state to comply prospectively with
federal Medicaid law.
Lower Court Judge: Voorhees

01-1557 Stephen Joseph v. Charles Condon
CONSTITUTIONAL LAW. Whether the Eleventh Amendment bars an
action to compel a state to comply prospectively with
federal Medicaid law.
Lower Court Judge: Seymour

01-1175 Lois Strawser v. Elizabeth Lawton
CONSTITUTIONAL LAW. Whether the Eleventh Amendment bars an
action to compel a state to comply prospectively with
federal Medicaid law.
Lower Court Judge: Haden

01-1947 (L) 01-1984 Tonya Womack v. Tierco Maryland
TORTS. Challenge to evidentiary rulings and jury
instructions in false imprisonment case; challenge to
dismissal of claim of intentional infliction of emotional
distress.
Lower Court Judge: Chasanow


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-28 Henry Hunt v. R.C. Lee
HABEAS CORPUS. Numerous issues arising out of state capital
murder conviction and sentencing.
Lower Court Judge: Boyle

01-2155 A T Massey Coal v. Larry Massanari
COAL ACT. Challenge to the Refusal of the Commissioner of
Social Security to void assignment of beneficiaries to
plaintiffs under Eastern Enterprises.
Lower Court Judge: Payne

01-2039 Rob Farmer v. David Ramsay
EDUCATION. Challenge to dismissal and summary judgment in
action alleging reverse discrimination in state's medical
school admission program.
Lower Court Judge: Legg

01-1833 Adrienne Corti v. Storage Technology
EMPLOYMENT. Challenge to award of punitive damages and the
calculation of back pay and prejudgment interest.
Lower Court Judge: Black


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

00-2414 (L) 01-1928 Harrods Limited v. Sixty Internet
TRADEMARK. Whether trademark owner established that
internet domain names were registered by defendants in
bad faith.
Lower Court Judge: Brinkema

01-1918 Constance Anderson v. David Weinsweig
MEDICAL MALPRACTICE. Whether district court erred in
allowing defendant to use a report at trial from an
organization of which defendant was a member; other issues.
Lower Court Judge: Chambers

01-1596 Thomas Parkman v. University of SC
EMPLOYMENT. Propriety of summary judgment on breach of
contract, due process, and conspiracy claims arising from
disciplinary action taken against employee charged with
sexual harassment.
Lower Court Judge: Anderson

01-1834 Private Mortgage v. Hotel and Club
TORTS. Whether negligent misrepresentation claim holding
appraiser liable for opinions given is actionable under
state law.
Lower Court Judge: Seymour


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

99-4449 USA v. Joseph Daniels
CRIMINAL LAW & PROCEDURE. Whether indictment that contains
drug quantity only in overt acts is sufficient for sentence
enhancement under 21 U.S.C. Section 841(b)(1)(A) and
United States v. Promise, 255 F.3d 150 (4th Cir. 2001).
Lower Court Judge: Howard

01-6158 Michael Whittlesey v. Patrick Conroy
HABEAS CORPUS. Whether state court's decision is contrary
to, or an unreasonable application of, federal double
jeopardy law.
Lower Court Judge: Motz

01-2206 Sigma-Tau v. Bernard Schwetz
ADMINISTRATIVE AGENCY. Challenge to FDA's approval of
generic versions of drug to which plaintiff claimed to have
exclusive marketing rights under the Orphan Drug Act.
Lower Court Judge: Blake


Thursday, April 4, 2002
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-1543 Drive-In Music v. E. Pittman
ATTORNEY'S FEES. Challenge to the amount awarded in
copyright case.
Lower Court Judge: Perry

01-2014 Joseph Szaller v. American Natl
CIVIL. Whether plaintiff failed to establish a claim, as a
matter of Maryland law, for abusive or wrongful
termination; other issues.
Lower Court Judge: Smalkin

01-2200 William Jenkins v. Akzo Noble
EMPLOYMENT CONTRACT. Whether employee's repatriation
guarantee is enforceable.
Lower Court Judge: Voorhees

01-2318 Tyna Boulware v. Crossland Mortgage
REAL ESTATE SETTLEMENT PROCEDURES ACT. Whether lender may
charge more under the Act than actual cost of credit
reports.
Lower Court Judge: Smalkin


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-2107 Praxair Inc v. Frank Vereen
REAL ESTATE. Whether purchaser of property with
improvements was a bona fide purchaser for value without
notice.
Lower Court Judge: Duffy

01-1569 Robert Stokes v. Maxon Lift
TORTS. Challenge to summary judgment in action alleging
manufacturer's negligence in injury of employee of a common
carrier transporting manufacturer's product.
Lower Court Judge: Messitte

01-2233 Commercial Union v. Candace West
INSURANCE. Whether auto insurance policies constituted
separate policies of insurance for the purpose of stacking
UIM coverage.
Lower Court Judge: Fox

01-2258 (L) 01-2423 Wayne Griffin Electric v. NLRB
LABOR. Whether employer conducted unlawful surveillance and
interrogation of employees; whether employee "loyalty"
ratings were improperly motivated.


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-2071 (L) 01-2074 Peter Bunker v. Gordon Peyton
BANKRUPTCY. Whether Trustee can administer real estate
jointly owned by debtors as tenants by the entirety where
debtors have no joint unsecured creditors.
Lower Court Judge: Cacheris

01-1147 Thomas Palotai v. University of MD
CIVIL. Propriety of dismissal of due process claims
concerning employee's suspension; applicability of
sovereign immunity bar; other issues.
Lower Court Judge: Messitte

01-2238 Richard Rae v. Estate of Van Buren
BANKRUPTCY. Challenge to disallowal of estate's claim on
the grounds of usury.
Lower Court Judge: Hilton

01-2197 US Cold v. City of Lumberton
CIVIL RIGHTS. Challenge to summary judgment in action
alleging municipality's retaliation for the plaintiff's
opposition to annexation of its property; alleged breach of
contract to provide water and sewer services.
Lower Court Judge: Fox


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

01-4177 (L) 01-4183 01-4243 USA v. Timothy Scheetz
CRIMINAL LAW & PROCEDURE. Allegations of error in admission
of evidence, limitations on cross-examination, and upward
departure on sentence of life imprisonment on drug,
firearms, and conspiracy convictions.
Lower Court Judge: Fox

01-1812 ALS Scan v. Digital Service
JURISDICTION. Challenge to dismissal of defendant in
copyright action for lack of personal jurisdiction.
Lower Court Judge: Harvey

01-2050 Martha Pike v. Kermit Osborne
PUBLIC EMPLOYMENT. Whether sheriff's failure to reappoint
dispatchers who supported his opponent violated the First
Amendment; whether sheriff is entitled to qualified
immunity.
Lower Court Judge: Wilson

01-1675 Jano Siraj v. Hermitage in Northern
EMPLOYMENT DISCRIMINATION. Whether the district court
properly granted judgment as a matter of law at the close
of plaintiff's evidence.
Lower Court Judge: Wexler


Friday, April 5, 2002
8:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-1968 Ronald Throckmorton v. Waste Management
ADEA. Challenge to summary judgment in action alleging age
discrimination by refuse disposal business; whether
plaintiff established a continuing violation to allow
evidence of incidents outside the 180-day statutory time
period.
Lower Court Judge: Fox

01-2235 (L) 01-2090 Greenville Women's v. Commissioner SC
CONSTITUTIONAL LAW. Challenge to state licensing scheme of
physicians performing first-trimester abortions.

01-2090 (L) 01-2235 Greenville Women's v. Douglas Bryant
CONSTITUTIONAL LAW. Challenge to state licensing scheme of
physicians performing first-trimester abortions.
Lower Court Judge: Herlong

01-2183 Trimless-Flashless v. Thomas & Betts
CONTRACTS. Whether district court erred in granting motion
JMOL setting aside jury verdict in action alleging
misappropriation of trade secret and breach of
non-disclosure agreement.
Lower Court Judge: Brinkema

01-4314 USA v. Julius Bankole
CRIMINAL. Propriety of venue finding in bank fraud
prosecution.
Lower Court Judge: Bryan


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-4728 USA v. William Lovern
CRIMINAL LAW & PROCEDURE. Sufficiency of evidence to
support conviction for impeding a United States employee
acting under color of Title 26.
Lower Court Judge: Hilton

01-6603 Daniel Veney v. T. Wyche
SECTION 1983. Propriety of Section 1915A dismissal of
inmate's equal protection claim in regard to prison
housing.
Lower Court Judge: Friedman

01-4569 USA v. Peter Demott
CRIMINAL LAW & PROCEDURE. Constitutional challenge to
Pentagon's demonstration permit regulation.
Lower Court Judge: Cacheris

01-1664 Renee Cecala v. NationsBank
ARBITRATION. Challenge to denial of motion to vacate
arbitration award in Title VII and ADA action.
Lower Court Judge: Mullen


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-4531 USA v. Bobby Broaddus
CRIMINAL. Whether defendant was denied due process after
the trial court did not hold a second competency hearing
before sentencing as ordered.
Lower Court Judge: Mullen

00-4829 (L) 01-4332 USA v. Clyde Feaster
SENTENCING. Propriety of applying upward adjustment to
offense level under Section 3B1.4 for "use of a minor" in
commission of a crime.
15 mins. per side
Lower Court Judge: Moon

01-4207 USA v. Gideon Melvin
CRIMINAL LAW. Whether identification of defendant was
impermissibly suggestive; whether new trial was warranted;
sufficiency of evidence; sentencing issues.
Lower Court Judge: Fox

01-4463 (L) 01-4464 01-4465 USA v. David Pasquantino
CRIMINAL LAW & PROCEDURE. Whether Wire Fraud Statute
encompasses frauds directed to revenue collection efforts
of a foreign government.
Lower Court Judge: Motz


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

01-1632 (L) 01-1684 Alfred Gross v. Shearson Lehman
INDEMNIFICATION. Whether allocation is required among joint
tortfeasors; attorney's fees.
Lower Court Judge: Williams

01-4574 USA v. Ernesto Cole
CRIMINAL LAW & PROCEDURE. Whether successive prosecution
was barred; challenge to prosecution's late disclosure of
Brady material; challenge to denial of recusal motion.
Lower Court Judge: Lee

01-4170 USA v. Bryant Jones
CRIMINAL LAW & PROCEDURE. Challenge to proof of prior
crimes, admission of witness's prior out-of-court state-
ment, and denial of motion for new trial based on newly
discovered evidence; alleged prosecutorial misconduct and
ineffective assistance of counsel; sentencing issues.
Lower Court Judge: Ellis

01-2100 Shelby Tickle v. Long Term Disability
ERISA. Challenge to grant of summary judgment in action
seeking review of plan administrator's denial of disability
benefits.
Lower Court Judge: Goodwin