U.S. Court of Appeals For The Fourth Circuit

Oral Argument Calendar
Richmond, Virginia
(05/06/2002 - 05/09/2002 Session)

Monday, May 6, 2002
9:30 a.m.

COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-1850 (L) 01-1925 VA Vermiculite v. Historic Green
UNFAIR TRADE PRACTICES. Challenge to summary judgment on
antitrust restraint of trade claims; whether alleged
illegal trade conspiracy caused no injury because the same
result could have been obtained through other means.
Lower Court Judge: Michael

01-1845 G v. Fort Bragg
EDUCATION. Whether district court erred in not awarding
pre-judgment interest; whether child was offered a free
appropriate public education under IDEA.
Lower Court Judge: Webb

01-4513 USA v. Interstate General
CRIMINAL LAW & PROCEDURE. Challenge to district court's
denial of motion to vacate consent decree under the Clean
Water Act.
Lower Court Judge: Williams

01-4460 (L) 01-4492 01-4616 USA v. Elroy Dorsey
CRIMINAL LAW. Whether a telephone/pager frequency chart was
properly admitted under Fed. R. Evid. 1006; other issues.
Lower Court Judge: Williams

COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-2148 Bethenergy Mines v. Shirley Rowan
BLACK LUNG BENEFITS. Whether the ALJ properly considered
medical opinion evidence; application of revised
regulations at 20 C.F.R. Part 718.
15 mins. per side

01-2509 (L) 02-1147 Ryan Incorporated v. Toll Brothers Inc
Lower Court Judge: Brinkema

01-7000 Jessie Corbett v. J. McDade
HABEAS CORPUS. Whether a claim predicated on Dickerson v.
United States, 530 U.S. 428 (2000) is cognizable under the
one-year limitations period of 28 U.S.C.A. Section
Lower Court Judge: Howard

01-2004 Wayne Smith v. John Ashcroft
IMMIGRATION. Whether deported petitioner's habeas corpus
petition is moot despite an order of removal barring
reentry; other issues.
Lower Court Judge: Messitte

Tuesday, May 7, 2002
9:30 a.m.

COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-22 USA v. Donald Ferebe
CRIMINAL LAW & PROCEDURE. Challenge to the government's
47-month delay after indictment in filing death notice in
federal capital case.
Lower Court Judge: Legg

01-2135 (L) 01-2192 Cavalier Telephone v. VA Electric
ADMINISTRATIVE AGENCY. Whether the district court lacked
jurisdiction to enforce order of Cable Services Bureau of
the FCC; other issues.
Lower Court Judge: Spencer

01-2202 NLRB v. Kentucky Tennessee
LABOR. Challenge to union election due to alleged threats
and coercive tactics by in-plant union organizers.

01-2012 MD General Hospital v. Tommy Thompson
MEDICARE REIMBURSEMENT. Whether Secretary's denial of new
provider status to skilled nursing facility was arbitrary,
capricious, and unsupported by substantial evidence.
Lower Court Judge: Nickerson

COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-1894 Dee-K v. Heveafil
ANTITRUST. Whether plaintiffs must prove that foreign
price-fixing conspiracy had a substantial effect on U.S.
commerce to fall within the provisions of the Sherman Act.
Lower Court Judge: Mullen

01-2070 Bradley Miller v. John Jeffers
SOCIAL SECURITY. Challenge to dismissal of action
challenging the state's use of consultative medical
examiners; denial of class certification.
Lower Court Judge: Chambers

01-2001 Edd Potter Coal v. DOWCP
BLACK LUNG. Whether substantial evidence supports the ALJ's
invocation of the interim presumption pursuant to 20 C.F.R.
Section 727.203(a)(1); whether liability should be
transferred to the Black Lung Disability Trust Fund.
15 mins. per side

COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-4309 USA v. Donald Carmona
CRIMINAL LAW & PROCEDURE. Challenge to sufficiency of
evidence of inveiglement and decoying of victim and Mann
Act violations; jury instructions; sentencing issue.
Lower Court Judge: Osteen

01-2277 Airlines Reporting v. Stanley Ellison
BANKRUPTCY. Whether debtors were fiduciaries of the
creditor; whether debtors should be allowed to bring third
party complaint against Trustee of corporate debtor.
Lower Court Judge: Faber

01-2218 First Penn-Pacific v. William Evans
INSURANCE. Challenge to district court's dismissal based on
abstention in action seeking to declare insurance policy
Lower Court Judge: Harvey

01-2086 (L) 01-2087 01-2088 Earl McDaniels v. USA
ADMINISTRATIVE AGENCY. Challenge to the Secretary of
Agriculture's inclusion of bailment sales in determining
eligibility for disaster assistance.
Lower Court Judge: Houck

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

01-2152 Mark Henrikson v. First Union
REAL ESTATE. Whether defendants had ownership or other
property interest constituting sufficient consideration to
support forbearance agreement.
Lower Court Judge: Duffy

01-2373 (L) 02-1132 Goldmark Friendship v. American Express
CORPORATIONS. Challenge to dismissal based on business
judgment rule of shareholder derivative action.
Lower Court Judge: Smalkin

01-2025 (L) 01-2503 Bruce Magers v. Bonds Inc
BANKRUPTCY. Whether security interest in the assets of
debtor is invalid because UCC-1 financing document filed
with the state omitted the address of creditor as the
secured party.
Lower Court Judge: Bullock

01-2492 CSX v. Bd of Public Works
CONSTITUTIONAL LAW. Challenge to denial of state's Eleventh
Amendment immunity claim in action challenging ad valorem
tax assessment pursuant to Railroad Revitalization and
Regulatory Reform Act of 1976.
Lower Court Judge: Goodwin

Wednesday, May 8, 2002
9:30 a.m.

COURTROOM 1 - Courthouse Room 435 (Red Carpet)

00-4753 USA v. Francis Rast
CRIMINAL. Whether 18 U.S.C. Section 2251(d) requires a
mandatory minimum sentence of ten years.
Lower Court Judge: Norton

01-2091 Orix Credit v. Young Express
TORTS. Challenge to dismissal of conversion claims in
action alleging improperly transferred collateral.
Lower Court Judge: Dohnal

01-2288 (L) 01-2437 Little Rock v. NLRB
LABOR. Whether company's failure to hire any applicants
attending Native American job fair violates the Act;
whether company's refusal to accept "batched" applications
violates the Act.

COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-2163 Power Services v. MCI
SETTLEMENT. Whether district court erred on remand in
finding that the parties agreed to settle and attorney had
the apparent authority to settle.
Lower Court Judge: Brinkema

01-2341 Burlington Ins v. Trygg-Hansa Ins
ARBITRATION. Challenge to district court order striking
portion of arbitration panel's award in reinsurance
contract case.
Lower Court Judge: Osteen

01-2080 Leonard Kessell v. South Charleston Stamping
EMPLOYMENT. Challenge to sufficiency of evidence to support
a punitive damage award for employer's refusal to rehire
plaintiff during pendency of litigation.
Lower Court Judge: Copenhaver

01-2307 (L) 01-2339 Donald Riesett v. WB Doner & Co
CORPORATIONS. Whether terminated employee's shareholder
status automatically ended under a buy-back provision in
shareholder agreement; whether shareholder had a right to
accelerated payments under settlement agreement due to
corporation's default.
Lower Court Judge: Smalkin

COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-1964 (L) 01-1973 In re: Carefirst of MD
JURISDICTION. Challenge to order transferring trademark
infringement and unfair competitive action due to lack of
personal jurisdiction.
Lower Court Judge: Smalkin

01-2115 Neurotron v. American Assoc
DEFAMATION. Challenge to summary judgment in action
alleging misrepresentation of authorship, scope of review
and criteria used to conduct defendant's published review
of plaintiff's product.
Lower Court Judge: Nickerson

01-2436 Alfred Martin v. Commissioner IRS
TAX. Whether IRS correctly applied a payment for subsequent
tax years against a deficiency for a previous tax year.

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

01-2450 Darrell Wilson v. Cincinnati Ins
INSURANCE. Whether insurer breached its duty to defend or
indemnify policyholder.
Lower Court Judge: Osteen

01-2268 NG Purvis Farms v. A. Preston Howard
LAND USE. Whether hog farm facility had property or liberty
interest entitling it to procedural due process; whether
there were similarly situated hog farm facilities entitling
it to equal protection.
Lower Court Judge: Britt

01-2315 Western Heritage v. Mark Giuliani
INSURANCE. Whether insurer had no duty to defend or
indemnify under a liquor liability exclusion; whether
insured breached duty to cooperate with insurer.
Lower Court Judge: Duffy

01-1935 Linda Dugan v. Albemarle Cnty
EMPLOYMENT. Propriety of district court's order finding
that plaintiff failed to show pretext regarding race,
gender, and age discrimination claims.
Lower Court Judge: Michael

Thursday, May 9, 2002
8:30 a.m.

COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-4946 USA v. Robert Haines
CRIMINAL LAW & PROCEDURE. Whether statements made by
defendant were fruit of an improper investigative
detention; whether use of drawn weapons and handcuffs
converted investigative detention into an arrest.
Lower Court Judge: Williams

01-4487 USA v. Clarence Lomax
CRIMINAL LAW & PROCEDURE. Whether appellant's actions
constituted possession of a firearm in furtherance of a
drug trafficking crime.
Lower Court Judge: Williams

01-2072 Newport News Shipbld v. Ernest Williams
LONGSHORE ACT. Challenge to Board's reversal of ALJ's
determination regarding timeliness of claim for benefits.
15 mins. per side

01-1914 Sun-Lite v. J. Berkowitz
PRODUCTS LIABILITY. Whether under state law the tort of
negligent misrepresentation is an exception to the economic
loss doctrine; whether limited warranty became part of the
Lower Court Judge: Smalkin

COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-2242 Tray Carter v. Baltimore Cnty
CIVIL RIGHTS. Challenge to grant of summary judgment in
action alleging state officials' failure to correct
inaccurate police records resulting in false arrests.
Lower Court Judge: Harvey

01-4323 USA v. Bobby Gosnell
SENTENCING. Whether district court erred in applying USSG
Section 2K2.1(b)(5) enhancement where appellant possessed
firearm in waistband while driving stolen vehicle.
15 mins. per side
Lower Court Judge: Smalkin

01-2459 Tyrone Walls v. Jo Anne Barnhart
SOCIAL SECURITY. Challenge to lower court's vacating and
remanding Commissioner's denial of disability benefits.
15 mins. per side
Lower Court Judge: Motz

01-4725 USA v. Charleszette Brandon
CRIMINAL LAW & PROCEDURE. Whether the facts alleged in the
indictment constitute bank fraud under 18 U.S.C.
Section 1344.
Lower Court Judge: Ellis

COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

00-4833 (L) 00-4859 USA v. Leonard Sayles
CRIMINAL LAW & PROCEDURE. Whether defendant's right to
compulsory process was violated by witness's invoking Fifth
Amendment privilege; sentencing issues.
Lower Court Judge: Haden

00-4803 USA v. Jermaine Chase
CRIMINAL LAW & PROCEDURE. Whether district court grouped
Chase's counts under USSG Sections 3D1.1-3D1.5 (1995), and
if so, whether Chase's sentences must run concurrently, or
may run consecutively under USSG Section 5G1.2(d).
Lower Court Judge: Kiser

01-4831 (L) 01-4837 USA v. Jameel Fareed
SENTENCING. Whether reimposition of supervised release for
violation of supervision pursuant to 18 U.S.C.A. Section
3583(g) (West 2000) violates the Ex Post Facto Clause.
Lower Court Judge: Tilley

01-4231 USA v. Melvin Hayton
SENTENCING GUIDELINES. Whether district court made
adequate finding in support of obstruction of justice
adjustment; acceptance of responsibility.
15 mins. per side
Lower Court Judge: Copenhaver

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

01-4416 USA v. Frank Dickerson
CRIMINAL LAW & PROCEDURE. Whether double jeopardy attaches
to conspiracy conviction when defendant was convicted of a
prior conspiracy involving overlapping actors and
Lower Court Judge: Legg

01-4549 USA v. Dana Dunnock
CRIMINAL. Whether police entry into dwelling without
complying with knock-and-announce rule was justified by
exigent circumstances.
Lower Court Judge: Smalkin