U.S. Court of Appeals For The Fourth Circuit

Oral Argument Calendar
Richmond, Virginia
(06/03/2002 - 06/06/2002 Session)

Monday, June 3, 2002
9:30 a.m.

COURTROOM 1 - Courthouse Room 435 (Red Carpet)

02-1 Michael Williams v. Page True
HABEAS CORPUS. Challenge to the grant of habeas corpus
relief in capital case based on juror's voir dire
Lower Court Judge: Spencer

01-1670 Duck Head v. Mason & Dixon
JURISDICTION. Whether appellate jurisdiction exists over
interlocutory order concerning pendent claims in admiralty
action as to shipped goods missing from intermodal
container; other issues.
Lower Court Judge: Blake

01-1880 Custom Ship v. Michael Roberts
LONGSHORE. Whether the Board erred in concluding that per
diem payment should be included as wages under the
Longshore Act for purposes of computing petitioner's
average weekly wage.

00-1729 Terrance McDaniel v. USA
FORFEITURE. Whether inmate received adequate notice of
administrative forfeiture proceeding.
Lower Court Judge: Herlong

COURTROOM 2 - Courthouse Room 233 (Green Carpet)

00-6364 Dean Chambers v. Janet Reno
IMMIGRATION. Whether the district court had jurisdiction to
review habeas corpus challenge to deportation order.
Lower Court Judge: Chasanow

97-4219 (L) 97-4220 97-4221 97-4238 98-4222 USA v. Bernard Celestine
CRIMINAL LAW & PROCEDURE. Challenge to jury instructions on
racketeering acts; sufficiency of the evidence; right to
self-representation; sentencing issues.
Lower Court Judge: Howard

01-2021 Patrick Hyatt v. Larry Massanari
ATTORNEY'S FEES. Challenge to award of attorney's fees
against the Social Security Administration under the Equal
Access to Justice Act.
Lower Court Judge: Mullen

01-2044 (L) 02-1328 E I DuPont v. Andrew Park
CONTRACTS. Challenge to preliminary injunction requiring
transfer of progress payments on government contract;
other issues.
30 mins. per side
Lower Court Judge: Spencer

COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-1958 Terri-Ann Ramtulla v. John Ashcroft
IMMIGRATION. Whether courts of appeals retain jurisdiction
to review "substantial constitutional challenges" under
8 U.S.C. Section 1252(a)(2)(C).

01-2345 US Steel Mining v. DOWCP
BLACK LUNG. Whether substantial evidence supports the ALJ's
finding of death due to pneumoconiosis.
15 mins. per side

01-2340 Stanley Young v. New Haven Advocate
JURISDICTION. Whether personal jurisdiction in libel action
can be based upon posting of allegedly dematory statements
on websites accessible outside defendant's home state.
Lower Court Judge: Williams

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

01-2116 K.J. v. Fairfax Cnty
EDUCATION. Whether public school system complied with IDEA
resulting in a free and appropriate public education for a
disabled student.
Lower Court Judge: Lee

01-2474 Young Design v. Teletronics
ATTORNEY'S FEES. Challenge to denial of attorney's fees for
successfully defending against a trade secret
misappropriation claim.
Lower Court Judge: Brinkema

01-2452 USA v. Westinghouse
FALSE CLAIMS ACT. Challenge to summary judgment in action
alleging federal contractor expended funds left over from
authorized building construction for other unauthorized
Lower Court Judge: Currie

01-2354 Jerry Franks v. William Ross
TITLE VI. Challenge to dismissal of action alleging
disparate impact in choice of landfill location.
Lower Court Judge: Boyle

Tuesday, June 4, 2002
9:30 a.m.

COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-1753 C. F. Trust v. First Flight
CREDITORS' RIGHTS. Challenge to outside reverse piercing of
limited partnership to collect monetary judgments.
Lower Court Judge: Ellis

01-2413 Cheryl Peters v. Timothy Jenney
CIVIL RIGHTS. Challenge to summary judgment in action
alleging retaliation for protected free speech under
Title VI of the Civil Rights Act of 1964 and Section 1983.
Lower Court Judge: Miller

02-1105 In Re: Joseph Morrissey
ATTORNEY DISCIPLINE. Challenge to disbarment after attorney
violated terms of probation issued after citation for
contempt of court.
Lower Court Judge: Friedman

01-2313 Grant Thornton v. Carnegie Intl
SECURITIES. Challenge to denial of request to enjoin state
court proceedings seeking to interpret the "bar order"
provision of the Private Securities Litigation Reform Act.
Lower Court Judge: Legg

COURTROOM 2 - Courthouse Room 233 (Green Carpet)

02-6827 Yaser Esam Hamdi v. Donald Rumsfeld, Sec.
Lower Court Judge: Doumar

01-2510 John Carr v. Philips Electronics
ERISA. Challenge to denial of layoff income benefits.
Lower Court Judge: Keeley

01-2304 Curtis Adkins v. Labor Ready
ARBITRATION. Challenge to order compelling arbitration in
Fair Labor Standards Act case.
Lower Court Judge: Copenhaver

01-2294 (L) 01-2382 01-2506 02-1027 Joan Cox v. Reliance Standard
ERISA. Whether decedent's shooting death by police officers
was accidental and covered by employee benefit plan;
attorney's fees.
Lower Court Judge: Brinkema

COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-1565 Crispin Sorrell v. Michael McGuigan
CIVIL RIGHTS. Whether the district court erred in denying
police officer qualified immunity in action arising out of
arrest for possession of a three-inch folding knife.
Lower Court Judge: Legg

01-2466 Dixie McVey v. VA Highlands Airport
CIVIL RIGHTS. Whether plaintiff was deprived of free speech
rights when she was discharged; whether defendants were
entitled to qualified immunity.
Lower Court Judge: Williams

01-4638 USA v. William Murray
CRIMINAL LAW & PROCEDURE. Whether the district court
miscalculated the criminal restitution amount.
Lower Court Judge: Messitte

02-1004 Frank Stewart v. Pension Trust
ERISA. Whether pension trust correctly calculated retirees'
pension benefits.
Lower Court Judge: Motz

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

01-2500 Marsh Group v. Prime Retail
SECURITIES FRAUD. Whether defendants' repeated false
statements to securities analysts are actionable if
defendants did not control the analysts' public
dissemination of the reports.
Lower Court Judge: Motz

01-1364 (L) 01-1411 MM v. School District
EDUCATION. Whether the school district's Individualized
Education Plan provided student free appropriate public
education under IDEA.
Lower Court Judge: Anderson

00-4598 USA v. Albert Robbins
CRIMINAL LAW & PROCEDURE. Whether government's alleged
breach of plea agreement releases appellant from waiver of
appeal rights; other issues.
Lower Court Judge: Fox

01-1448 William Foy v. Giant Food
CIVIL. Whether the court erred in finding that appellant's
state law claims were preempted by the Labor Management
Relations Act and, therefore, barred by the applicable
six-month statute of limitations; other issues.
Lower Court Judge: Messitte

Wednesday, June 5, 2002
9:30 a.m.

COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-1863 Jeffrey Tibbetts v. Yale Corp
BANKRUPTCY. Challenge to dismissal of action alleging abuse
of process, malicious prosecution, and vexatious suit
where creditor attempted to convert Chapter 13 proceeding
into an involuntary Chapter 7 bankruptcy.
Lower Court Judge: Bryan

01-2212 (L) 01-2251 Shadow Creek v. Hartford Fire
INSURANCE. Whether apartment complex is entitled to receive
insurance proceeds for lost rent if it had other vacant,
rentable apartment units; prejudgment interest.
Lower Court Judge: Seymour

02-1166 Eric Eisenberg v. Wachovia Bank
BANKING. Whether negligence claims against bank are
preempted by Federal Reserve Board regulations governing
wire transfers.
Lower Court Judge: Mullen

01-2077 Diane Alexander v. Alcatel NA Cable
TITLE VII. Challenge to summary judgment in action alleging
sexual harassment in workplace.
Lower Court Judge: Turk

COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-2028 (L) 01-2073 Porsche Cars v. Porsche.net
CYBERSQUATTING. Whether district court erred in dismissing
in rem claims against domain names for lack of
Lower Court Judge: Hilton

01-1662 (L) 01-1728 Nelson Robles v. Prince George's Cnty
CIVIL RIGHTS. Challenge to the grant of qualified immunity
to police officers who arrested plaintiff on a traffic
warrant, handcuffed him to a pole and abandoned him;
challenge to remititur and denial of attorney's fees.
Lower Court Judge: Messitte

02-1005 Sallie Mae Servicing v. Christopher Banks
BANKRUPTCY. Whether creditor's claim for post petition
interest survived the discharge order.
Lower Court Judge: Moon

COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

02-2 Mir Kasi v. Ronald Angelone
HABEAS CORPUS. Numerous issues arising out of state capital
murder conviction and sentencing.
Lower Court Judge: Friedman

00-6634 Dwayne Wessel v. Parris Glendening
Title II of ADA to state prisoners is constitutionally
permissible; other issues.
Lower Court Judge: Smalkin

01-1754 Project Life v. Parris Glendening
HOUSING. Whether the ADA or Fair Housing Act compels state
port administration to provide a permanent berth for a ship
to be used as a drug and alcohol rehabilitation center.
Lower Court Judge: Nickerson

01-1324 Kevin Huennekens v. Patryk Reczek
BANKRUPTCY. Whether bankruptcy court erred in granting
relief from a default judgment; other issues.
Lower Court Judge: Spencer

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

01-2458 Mark Dickson v. Microsoft
ANTITRUST. Challenge to dismissal of action alleging
anticompetitive licensing agreements between operating
system manufacturer and computer makers.
Lower Court Judge: Motz

01-2467 Patrick Gallagher v. Reliance Standard
ERISA. Challenge to district court finding that plan abused
its discretion in denying claim.
Lower Court Judge: Mullen

01-2356 Kenneth Myers v. Baltimore Cnty MD
FAIR LABOR STANDARDS ACT. Challenge to summary judgment in
action by public park caretakers alleging violation of the
minimum wage and overtime requirements of the Act.
Lower Court Judge: Garbis

01-4468 (L) 01-4469 01-4470 01-4471 01-4472 01-4473 01-4474 01-4475 USA v. Michael Poole
SENTENCING. Whether defendant's previous bank robbery
convictions were "related" and district court erred in
finding defendant a career offender.
15 mins. per side
Lower Court Judge: Faber

Thursday, June 6, 2002
8:30 a.m.

COURTROOM 1 - Courthouse Room 435 (Red Carpet)

99-4537 USA v. John Carrington
CRIMINAL LAW & PROCEDURE. Propriety of indictment,
instructions and sentence in light of Apprendi v.
New Jersey.
Lower Court Judge: Michael

02-1089 CNS Communications v. e.spire
ARBITRATION. Challenge to confirmation of an arbitration
award arising from a telecommnications service agreement.
Lower Court Judge: Lee

COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-2016 (L) 01-2430 01-2447 Westport Ins v. Lydia S. Ulrich
INSURANCE. Challenge to rescission of professional
liability policy due to alleged false statements in
application; whether coverage was excluded under the
specific terms of the policy.
Lower Court Judge: Lee

01-4496 USA v. Kenneth Spring
SENTENCING GUIDELINES. Whether enhancement for more than
two threats under USSG Section 2A6.1 was error; adequate
notice of upward departure.
15 mins. per side
Lower Court Judge: Fox

01-1913 (L) 01-1960 Balcor Equity v. Caligo Limited
REAL ESTATE. Whether indemnification provision in lease is
ambiguous; whether jury verdict is contrary to the law of
the case established by previous appeal.
Lower Court Judge: Herlong

01-4329 USA v. Marcia McNeil
CRIMINAL LAW & PROCEDURE. Whether the evidence was
sufficient to sustain the appellant's conviction for mail
fraud, wire fraud, and aiding and abetting.
Lower Court Judge: Smalkin

COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-1285 (L) 01-1782 U.S. Search v. US Search.com
TRADEMARKS. Challenge to summary judgment dismissing
infringement claims.
Lower Court Judge: Ellis

01-4820 USA v. Adam Carr
CRIMINAL LAW & PROCEDURE. Sufficiency of indictment in
18 U.S.C.A. Section 844(i) conviction; other issues.
Lower Court Judge: Tilley

01-4400 (L) 01-4401 01-4402 USA v. Michael Cassidy
CRIMINAL LAW & PROCEDURE. Whether defendant's right to
counsel was violated; search and seizure; challenge to
"willful blindness" instruction; sentencing issues.
Lower Court Judge: Osteen

01-4551 USA v. Baseem Williams
CRIMINAL LAW & PROCEDURE. Whether defendant's two prior
New Jersey convictions were for "serious drug offenses" as
defined in 18 U.S.C.A. Section 924(e).
Lower Court Judge: Houck

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

01-4404 USA v. Don Simmons
FOURTH AMENDMENT. Whether defendant has standing to
challenge search warrant; other issues.
Lower Court Judge: Duffy

01-4086 USA v. Carlos Reyes
CRIMINAL LAW & PROCEDURE. Whether appellant waived right to
challenge venue by pleading guilty; whether venue was
proper in the Southern District of West Virginia.
Lower Court Judge: Haden

01-4809 USA v. Eugene Sims
CRIMINAL LAW & PROCEDURE. Whether the district court should
have granted motion to suppress.
Lower Court Judge: Faber