U.S. Court of Appeals For The Fourth Circuit

Oral Argument Calendar
Richmond, Virginia
(12/03/2002 - 12/06/2002 Session)



Tuesday, December 3, 2002
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-2286 Piedmont Environ v. US Dept Transp
ENVIRONMENTAL LAW. Whether modification of bypass highway
construction plan required a new or supplemental
Environmental Impact Statement.
Trial Judge: Moon

02-1026 Martin Sheehan v. WV Dept
CONSTITUTIONAL LAW. Whether state's submission of a claim
for treatment of acid mine damage constituted a waiver of
Eleventh Amendment immunity in bankruptcy action.
Trial Judge: Stamp

01-1595 Renzo Rivera v. Damon Washington
SECTION 1983. Whether officers who entered residence
entitled to qualified immunity; other issues.
Trial Judge: Hilton

01-4642 USA v. Thomas Rice
SENTENCING GUIDELINES. Whether upward departure was abuse
of discretion.
15 mins. per side
Trial Judge: Wilson


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

02-6548 (L) 02-6625 Beverly Monroe v. Ronald Angelone
HABEAS CORPUS. Whether state violated petitioner's due
process rights by suppressing exculpatory evidence; whether
a portion of petitioner's claims were procedurally
defaulted.
Trial Judge: Williams

02-1115 (L) 02-1254 Sara Lee v. NLRB
LABOR. Whether employer unlawfully withheld a scheduled
wage increase, threatened to withhold the increase and
promised the increase if employees rejected the union;
other issues.

02-1336 Andrew Rego v. Westvaco Corp
ERISA. Challenge to summary judgment in action alleging
abuse of discretion in delay in valuing plaintiff's
holdings in savings plan.
Trial Judge: Beaty

02-1397 ePlus Group v. Robert Grimes
CONTRACTS. Challenge to dismissal of action seeking money
damages against corporate owner and officer for
corporation's breach of equipment lease; statute of frauds.
Trial Judge: Hilton


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

02-1121 Xoom v. Imageline
COPYRIGHT. Whether clip-art images and software were
properly registered; damages.
Trial Judge: Spencer

02-1201 Wendell Russell v. Jo Anne Barnhart
SOCIAL SECURITY. Whether substantial evidence supports the
Commissioner's decision to deny claimant disability
insurance benefits under the Social Security Act.
15 mins. per side
Trial Judge: Stanley

02-1216 Local 109 Retirement v. First Union
ERISA. Whether the relief sought was equitable or legal.
Trial Judge: Hilton

01-2462 Henderson Amusement v. Daniel Good
CIVIL. Whether North Carolina county sheriff may be sued in
his official capacity under 42 U.S.C. Section 1983; other
issues.
Trial Judge: Cogburn


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

02-1364 Intl Bancorp v. Societe Des Bains
TRADEMARK INFRINGEMENT. Challenge to summary judgment under
the Anti-cybersquatting Consumer Protection Act and Lanham
Act in action involving use of internet domain names.
Trial Judge: Ellis

02-1413 (L) 02-1462 Judicial Watch v. Charles Rossotti
CONSTITUTIONAL LAW. Challenge to denial of motion seeking
to enjoin enforcement of IRS administrative summons.
Trial Judge: Nickerson

02-1369 CEM Corp v. Personal Chemistry
JURISDICTION. Whether defendants' alleged contacts within
state were sufficient to support personal jurisdiction.
Trial Judge: Mullen

02-1433 Hartford Casualty v. MCJ Clothiers
INSURANCE. Challenge to summary judgment on breach of
contract and bad faith claims due to plaintiff's failure to
provide disclosure during discovery.
Trial Judge: Chasanow


Wednesday, December 4, 2002
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

02-19 USA v. Jay Lentz
CRIMINAL LAW & PROCEDURE. Challenge to the district court's
denial in part of the government's motion in limine to
admit certain evidence in capital case.
Trial Judge: Lee

02-1262 MCI Worldcom v. OSP Consultants
DAMAGES. Whether district court properly denied award for
loss of use damages for damaged telecommunications cable.
Trial Judge: Hilton

02-1208 First Financial v. Charles Hammons
ATTORNEY'S FEES. Whether district court erred in
determining that offer of judgment encompassed all relief
sought, including attorney's fees.
Trial Judge: Goodwin

02-1157 Jonathan Schupp v. Jump! Information
CORPORATIONS. Challenge to summary judgment in action
alleging breach of contract and breach of fiduciary duties
in the buy-back of minority shareholder's corporate stock.
Trial Judge: Nickerson


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

02-1266 Matthew Dixon v. Coburg Dairy
EMPLOYMENT. Challenge to denial of remand and summary
judgment in action alleging wrongful discharge due to
display of confederate flag on toolbox.
Trial Judge: Houck

02-1169 Nathan Lewin v. Commissioner IRS
TAX. Whether a limited partnership formed to finance
research and development projects for several corporations
was entitled to deduct its project expenditures.

00-4409 (L) 00-4422 00-4800 USA v. Vernon Ray
CRIMINAL LAW & PROCEDURE. Challenge to sufficiency of
evidence of drug conspiracy; challenge to jury
instructions; challenge to denial of severance.
Trial Judge: Nickerson


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

02-1470 CSX v. Carolina Feed
STATUTE OF LIMITATIONS. Whether limitations defense was
waived by defendant's written waiver of Rule 12 service of
process defenses.
Trial Judge: Wooten

02-1131 Carroll Counts v. SC Electric
FAIR LABOR STANDARDS ACT. Whether employee's work should be
assessed on a workweek basis; whether employee's primary
duty was properly assessed in this case based on an
eighteen-month time period.
Trial Judge: Anderson

01-7572 Leon Stevenson v. Phoebe Johnson
HABEAS CORPUS. Challenge to the grant of habeas corpus
relief on the ground that trial counsel failed to object to
consecutive sentences.
Trial Judge: Houck

02-4038 USA v. Alfred Rivera
CRIMINAL LAW & PROCEDURE. Whether the United States
adequately rebutted a reasonable likelihood of vindictive
prosecution.
Trial Judge: Beaty


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

00-4265 USA v. Joseph Byrd
CRIMINAL LAW & PROCEDURE. The applicability of United
States v. Breckenridge, 93 F.3d 132 (4th Cir. 1996), to
Byrd's prior state drug trafficking offenses; other issues.
Trial Judge: Herlong

02-1238 Precision Comm v. Shane Davis
SETTLEMENT. Whether district court abused its discretion in
enforcing proposed settlement.
Trial Judge: Duffy

02-1258 Colley & Colley v. Delta Breeding
BLACK LUNG. Whether the Board properly applied 125-day rule
to length of coal mine employment under amended
regulations; other issues.

02-1736 (L) 02-1737 Kentuckians v. John Rivenburgh
CLEAN WATER ACT. Whether the U.S. Army Corps of Engineers
has jurisdiction to issue permits for valley fills.
Trial Judge: Haden


Thursday, December 5, 2002
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

02-18 Percy Walton v. Ronald Angelone
HABEAS CORPUS. Numerous issues arising out of state capital
murder conviction and sentencing.
Trial Judge: Wilson

01-2283 Southern States v. Sherwin-Williams
PRODUCTS LIABILITY. Challenge to trial court's exclusion of
new expert opinion evidence which was not disclosed during
discovery.
Trial Judge: Anderson

02-1277 Karl Mansoor v. Mark Trank
CIVIL RIGHTS. Challenge to denial of qualified immunity to
county officials in action alleging unconstitutional
infringement on protected speech.
Trial Judge: Michael

02-1173 (L) 02-1193 Julie Martin v. Doug Dishong
CIVIL RIGHTS. Challenge to the denial of qualified immunity
to deputy sheriff and grant of qualified immunity to
sheriff in action arising from fatal shooting.
Trial Judge: Bertlesman


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

02-1442 USA v. James Deaton
CLEAN WATER ACT. Whether property was "wetland" and
adjacent to navigable waters; challenge to restoration
order.
Trial Judge: Garbis

02-1430 (L) 02-1436 Paulette McWaters v. Robert Cosby
CIVIL RIGHTS. Challenge to denial of qualified immunity in
action against county officials for refusing to reimburse
travel expenses and attorney fees.
Trial Judge: Payne

02-1299 RMS Technology v. TDY Industries
CONTRACTS. Whether contract was for the sale of goods
rather than services for the purpose of applying the
correct statute of limitations period.
Trial Judge: Jackson

01-2433 Thomas Wieters v. Roper Hospital
CIVIL. Challenge to summary judgment in action arising out
of physician's suspension from practice privileges at
hospital.
Trial Judge: Houck


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

02-1486 Grover Marks v. Shelley Watters
ERISA. Challenge to summary judgment in action alleging
that plaintiff's health care plan failed to provide proper
care.
Trial Judge: Goodwin

02-1340 Kenneth Gantt v. William Whitaker
CIVIL RIGHTS. Challenge to grant of qualified immunity to
defendants in action alleging false arrest; challenge to
the striking of newspaper articles submitted in opposition
to motion for summary judgment.
Trial Judge: Osteen

02-6170 Luis Suarez v. Kevin Rooney
IMMIGRATION. Whether the district court erred in dismissing
Suarez's habeas petition for lack of jurisdiction.
Trial Judge: Nickerson

02-1494 Carrie McMellon v. USA
MARITIME LAW. Whether government breached a duty to warn
jet-skiers of hazards associated with dam.
Trial Judge: Goodwin


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

02-1145 Winston-Salem v. Media General
LABOR. Challenge to order requiring arbitration of
grievance alleging violation of collective bargaining
agreement.
Trial Judge: Tilley

02-1457 Gary Marland v. Safeway
CONTRACTS. Statute of limitations; whether Maryland law
supports an independent cause of action for breach of
covenant of good faith and fair dealing.
Trial Judge: Messitte

02-1036 Qwest Comm v. Worldquest
TRADEMARK INFRINGEMENT. Challenge to summary judgment and
exclusion of consumer survey evidence.
Trial Judge: Brinkema

02-1220 Mona Electric v. Truland Services
UNFAIR TRADE PRACTICES. Challenge to summary judgment in
action alleging for tortious interference with employment
contract and prospective business relationships, and
misappropriation of trade secrets.
Trial Judge: Hilton


Friday, December 6, 2002
8:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

02-2088 Badlands Trust Co v. First Financial Fund
Expedited.
Trial Judge: Motz

01-4847 USA v. Deon Dixon
SENTENCING. Whether district court erred in departing
upward based on prior, arguably dissimilar criminal conduct
for which defendant was not convicted.
15 mins. per side
Trial Judge: Boyle

01-4953 USA v. Patrick Crisp
EVIDENCE. Whether expert testimony concerning fingerprint
and handwriting evidence is reliable under Daubert v.
Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).
Trial Judge: Osteen

01-4681 USA v. James Horton
JURY INSTRUCTIONS. Whether jury was properly instructed on
elements of federal kidnapping charge, 18 U.S.C.
Section 1201.
Trial Judge: Williams


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-4421 (L) 02-4150 02-4249 USA v. Theodore Waddell
CRIMINAL LAW & PROCEDURE. Challenge to sufficiency of
evidence, search and seizure, and denial of severance;
sentencing issues.
Trial Judge: Voorhees

01-4699 USA v. John Leigh
CRIMINAL LAW & PROCEDURE. Whether a variance existed
between indictment and proof at trial; whether the jury
instructions contradicted the verdict form; other issues.
Trial Judge: Broadwater

01-5002 USA v. Stephanie Mohr
CRIMINAL LAW & PROCEDURE. Challenge to the admissibility of
defendant's previous misuse of her police dog; challenge to
expert testimony on prevailing police practices; alleged
ineffective assistance of counsel for failing to timely
file pre-trial motions.
Trial Judge: Williams

01-4811 USA v. Johnny Cabe
CRIMINAL. Whether sufficient evidence supported wire
transfer and money laundering charges; computation of loss;
other issues.
Trial Judge: Anderson


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

02-1334 Carrollton Bank v. Fujitsu
CONTRACTS. Challenge to summary judgment in action alleging
breach of contract for cash replenishment services for
automatic teller machines.
Trial Judge: Davis

02-1323 Goff Bldg v. Norwest Bank
BANKRUPTCY. Challenge to dismissal of second Chapter 11
case where first Chapter 11 case by the same debtor was
pending.
Trial Judge: Stamp

02-4019 USA v. Daniel Bowyer
SENTENCING GUIDELINES. Whether the district court erred in
enhancing appellant's sentence under United States
Guidelines Manual Section 2K2.1(b)(1) (2000) in light of
Amendment 599.
15 mins. per side
Trial Judge: Faber

02-4252 (L) 02-4264 USA v. Dion Hamlin
CRIMINAL LAW & PROCEDURE. Search and seizure; sufficiency
of the evidence; challenge to the maximum penalty for
distribution of an unspecified amount of marijuana.
Trial Judge: Spencer


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

01-4683 USA v. Kevin Morris
SENTENCING GUIDELINES. Whether district court's findings at
sentencing require remand for clarification.
15 mins. per side
Trial Judge: Thornburg

02-4010 USA v. Willie Spencer
CRIMINAL LAW & PROCEDURE. Whether the jury must be
unanimous as to which statement was false; other issues.
Trial Judge: Howard

02-4208 USA v. Robert Dotson
SENTENCING. Challenge to two-level increase for use of a
computer for receipt of advertisement of pornographic
material; challenge to terms of supervised release includ-
ing polygraphs and prohibition of association with anyone
having custody of children. 15 mins. per side
Trial Judge: Osteen

02-1087 Lucinda Batten v. Steven Gomez
CIVIL RIGHTS. Challenge to alleged unlawful extradition;
qualified immunity.
Trial Judge: Fox