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
EXPEDITED
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
2244(d)(1)(C).
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
void.
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
contract.
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
locations.
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