U.S. Court of Appeals For The Fourth Circuit

Oral Argument Calendar
Richmond, Virginia
(01/21/2003 - 01/24/2003 Session)



Tuesday, January 21, 2003
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

02-1483 Emergency One v. American Fire
TRADEMARK INFRINGEMENT. Whether plaintiff had waived its
right to contest the geographical scope of injunction.
Trial Judge: Britt

02-1062 Alliance for Legal v. FAA
ADMINISTRATIVE AGENCY. Challenge to FAA's decision
approving new runway and cargo facilities at regional
airport.

01-4942 USA v. Earl Shorter
CRIMINAL LAW & PROCEDURE. Whether duplicative convictions
affect a defendant's substantial rights under plain error
review.
Trial Judge: Spencer


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

02-1215 (L) 02-1267 Neil Mellen v. Josiah Bunting
CONSTITUTIONAL LAW. Whether a prayer composed by school
employee and recited every day at mealtime at state college
violates Establishment Clause of the First Amendment.
Trial Judge: Moon

02-1573 Gregory Williams v. Ronald Hansen
CIVIL RIGHTS. Challenge to denial of qualified immunity to
Chief of Police on Equal Protection claim as it related to
his decision to interview only black police officers
regarding perceived discrimination.
Trial Judge: Britt

02-1612 Taubman Realty v. Norman Mineta
ADMINISTRATIVE AGENCY. Whether shopping mall owner and
manager had standing under the APA to bring environmental
suit under the Federal-Aid Highway Act and the National
Environmental Policy Act.
Trial Judge: Payne

02-4331 USA v. Rajul Ruhbayan
CRIMINAL LAW & PROCEDURE. Whether defendant's prosecution
was barred by double jeopardy or collateral estoppel
principles.
Trial Judge: Smith


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

02-1642 Richard Hamlett v. Amsouth Bank
BANKRUPTCY. Challenge to vacation of default judgment on
the ground that service on corporation's registered agent
was not sufficient; whether creditor's lien was void.
Trial Judge: Turk

02-16 Raymond Rowsey v. R. C. Lee
HABEAS CORPUS. Numerous issues arising out of state capital
murder conviction and sentencing.
Trial Judge: Beaty

01-2386 (L) 01-2387 01-2388 01-2389 USA v. Oncology Assoc
BANKRUPTCY. Whether creditor had a valid, perfected
security interest in recovery obtained by the Trustee.
Trial Judge: Harvey

02-1182 (L) 02-1377 02-1824 02-1825 Christopher Hawes v. Network Solutions
TRADEMARK. Whether district court had jurisdiction over
declaratory judgment action involving domain name dispute;
jurisdictional amount; attorney's fees.
Trial Judge: Lee

02-1088 Boyd & Stevenson v. DOWCP
BLACK LUNG. Whether the Black Lung Benefits Act preempts
state law limiting state guaranty association's obligation
to assume liability of dissolved insurer.


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

02-22 Darick Walker v. Page True
HABEAS CORPUS. Numerous issues arising out of state capital
murder conviction and sentencing.
Trial Judge: Hilton

02-140 In Re: Larry Fowlkes
HABEAS CORPUS. Whether claims presented in a successive
habeas petition have been previously presented under
28 U.S.C. Section 2244(b)(1) (2000) or may be otherwise
addressed; other issues.

02-1178 Ann Altman v. City of High Point
CIVIL RIGHTS. Challenge to denial of qualified immunity to
animal control officers in dog shooting case.
Trial Judge: Osteen

01-7768 Carroll Wade v. Dave Robinson
HABEAS CORPUS. Applicability of limitations period of
28 U.S.C. Section 2244(d)(1)(A) to parole revocation
proceedings.
Trial Judge: Turk


Wednesday, January 22, 2003
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

02-4463 USA v. Mordhai Gilady
CRIMINAL LAW & PROCEDURE. Challenge to sufficiency of
evidence to convict for interference with commercial jet
flight crew; restitution.
Trial Judge: Brinkema

02-1418 JH v. Henrico Cnty Schools
EDUCATION. Whether district court failed to give proper
weight to state hearing officer's findings in determining
appropriate educational benefits under IDEA.
Trial Judge: Williams

02-1445 Stan Whitten v. City of Easley
FLSA. Whether firefighters' "on-call" time was not
compensable under the Act; whether City retaliated against
plaintiffs.
Trial Judge: Herlong

02-1158 (L) 02-1242 Rebekah Homesley v. Freightliner
TITLE VII. Challenge to jury instructions, sufficiency of
the evidence, damage award, and award of attorney's fees in
action alleging sexual harassment.
Trial Judge: Horn


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

02-1235 American Cyanamid v. St. Louis Univ
PRODUCTS LIABILITY. Challenge to summary judgment for
vaccine manufacturer on issue of causation.
Trial Judge: Motz

02-1351 St. Louis Univ v. USA
PRODUCTS LIABILITY. Where the district court found that it
was not proven that manufacturer's vaccine caused
paralysis, did the court err in holding the government
liable for approving the vaccine?
Trial Judge: Motz

02-1432 Donald Beskind v. Michael Easley
CONSTITUTIONAL LAW. Whether the state's regulation of wine
sales violates the Commerce Clause and burdens interstate
commerce.
Trial Judge: Mullen

02-1367 (L) 02-1368 Clint Bolick v. Vernon Danielson
CONSTITUTIONAL LAW. Whether the state's regulation of wine
sales violates the Commerce Clause and burdens interstate
commerce.
Trial Judge: Williams


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

02-1638 William Singletary v. EnerSys Inc
ARBITRATION. Whether collective bargaining agreement
compelled arbitration of civil rights claim.
Trial Judge: Perry


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

02-1153 Thomas Mills v. Charles Steger
SECTION 1983. Whether termination of employee violated due
process and First Amendment rights; qualified immunity of
university officials.
Trial Judge: Wilson

02-1419 East Coast Hockey v. Professional Hockey
ARBITRATION. Whether the district court erred in refusing
to compel arbitration between Hockey League and Players
Association pursuant to collective bargaining agreement.
Trial Judge: Dohnal

02-1363 Michael Christovich v. Derek Pierce
TORTS. Challenge to jury instructions in action arising out
of "near miss" automobile accident.
Trial Judge: Turk


Thursday, January 23, 2003
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

02-1337 Cavalier Telephone v. Verizon
ANTITRUST. Whether defendant's failure to provide
affirmative assistance to competitor as required by the
Telecommunications Act of 1996 resulted in antitrust
violations.
Trial Judge: Spencer

02-1523 Linda Rowan v. Tractor Supply
EMPLOYMENT. Challenge to dismissal of action alleging
wrongful discharge of an at-will employee for refusing to
drop criminal assault and battery charges against a fellow
employee.
Trial Judge: Kiser

02-1380 Carol Alderman v. Inmar Enterprises
TITLE VII. Propriety of summary judgment on age
discrimination claim; use of statistical evidence.
Trial Judge: Beaty

02-1408 Pedro Arroyo v. Ford Motor Co
PRODUCTS LIABILITY. Challenge to district court's exclusion
of videotaped evidence developed by plaintiff's expert.
Trial Judge: Copenhaver


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

02-1107 Clinchfield Coal v. Dorothy Fultz
BLACK LUNG. Whether the quality standards of 20 C.F.R.
Section 718.106 are mandatory; other issues.
15 mins. per side

02-1226 Canal Ins v. Distribution Services
INSURANCE. Whether insurer can invoke endorsement in
determining allocation of liability.
Trial Judge: Dohnal

02-1117 John Wilt v. James Gilmore
TITLE VI. Whether Army National Guard Officer's loss of
position is not reviewable in federal court because of
intra-military immunity and failure to exhaust
administrative remedies.
Trial Judge: Spencer

02-4273 USA v. Charles Payton
CRIMINAL LAW & PROCEDURE. Challenge to district judge's
questioning of witnesses and failure to restrict the cross-
examination on defendant's failure to file tax returns;
whether professional tax preparer occupies a leadership
role for sentencing purposes.
Trial Judge: Howard


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

02-1056 (L) 02-1076 David Lytle v. Jack Doyle
CONSTITUTIONAL LAW. Challenge to state's antiloitering
statute.
Trial Judge: Friedman

02-1343 Sally Edwards v. Bell Helicopter
PRODUCTS LIABILITY. Whether district court erred in
excluding evidence of helicopter design change.
Trial Judge: Stamp

02-1090 Brenda Muovich v. Raleigh Cnty Bd
EMPLOYMENT. Challenge to denial of summary judgment and
judgment as a matter of law on the question of failure to
accommodate under the Human Rights Act.
Trial Judge: Chambers


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

01-4583 USA v. Ernest Ellis
CRIMINAL LAW & PROCEDURE. Whether failure to comply with
21 U.S.C. Section 851(b)(2000) prejudices defendant's right
to challenge a predicate prior conviction.
Trial Judge: Chasanow

02-1207 Bosley Rental v. Beckwith Machinery
UNFAIR TRADE PRACTICES. Challenge to judgment as a matter
of law in fraud action arising from commercial transaction
involving the sale of used earth-moving equipment.
Trial Judge: Goodwin

02-1057 Bryant v. Barnhart
SOCIAL SECURITY. Whether minor claimant is disabled by
virtue of mental impairments; other issues.
15 mins. per side
Trial Judge: Fox

02-2001 SC Medical v. Tommy Thompson
CONSTITUTIONAL LAW. Challenge to the constitutionality of
the Health Insurance Portability and Accountability Act on
the grounds of allegedly impermissible delegation of
legislative functions and violation of due process
protections.
Trial Judge: Wooten


Friday, January 24, 2003
8:15 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

02-1265 Anely Tegegn v. INS
IMMIGRATION. Whether substantial evidence supports the
Board of Immigration Appeals' finding that Tegegn did not
show a well-founded fear of persecution and thus did not
qualify for relief from deportation.

02-4250 USA v. Robert Brown
CRIMINAL LAW & PROCEDURE. Challenge to district court's
denial of motion to dismiss indictment based on
government's improper juror contact; other issues.
Trial Judge: Brinkema

02-1465 Decoma Love-Lane v. Donald Martin
EMPLOYMENT. Whether the appellee school district deprived
the appellant teacher of her civil and/or constitutional
rights.
Trial Judge: Osteen

02-1946 (L) 02-2153 Frances Crutchfield v. Cnty of Hanover
CLEAN WATER ACT. Challenge to the U.S. Army Corps of
Engineers issuance of nationwide permit for an improvement
project at a county water treatment system.
Trial Judge: Payne


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

02-4825 US v. D.R., Juvenile Male
CRIMINAL LAW. Appeal from district court order
transferring juvenile for trial as an adult.
Trial Judge: Ellis

01-4776 (L) 01-4777 01-4858 USA v. Robert Davis
CRIMINAL LAW & PROCEDURE. Challenge to jury instructions on
reasonable doubt, multiple conspiracies and constructive
possession; search and seizure; severance.
Trial Judge: Messitte

02-4421 (L) 02-4478 USA v. Warren Hayes
CRIMINAL LAW & PROCEDURE. Challenge to the application of a
six-year statute of limitations for prosecution of aiding
and assisting preparation of false tax returns; whether
district court refused to consider relevant conduct at
sentencing.
Trial Judge: Williams


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

02-1461 Law Enforcement v. USA Direct
CONTRACTS. Challenge to summary judgment in action alleging
breach of database management service agreement.
Trial Judge: Lee

02-1715 Law Enforcement v. USA Direct
CONTRACTS. Challenge to summary judgment in action to
collect for direct mail services; discovery sanctions.
Trial Judge: Lee

02-4104 USA v. Marvel Oyibo
EVIDENCE. Whether defendant was entitled to present
evidence that he passed a polygraph examination pursuant to
Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S.
579 (1993).
Trial Judge: Hilton


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

02-1683 (L) 02-1684 Under Seal v. Under Seal
CIVIL. Appeal in sealed matter.
Trial Judge: Nickerson

01-2406 Jean Fawcett v. Colin McRoberts
INTERNATIONAL CHILD CUSTODY. Interpretation of custody
requirement under Hague Convention.
Trial Judge: Moon

02-1252 Roger Puckett v. Jo Anne Barnhart
SOCIAL SECURITY. Proper analysis of claimed pain and mental
problems; other issues.
15 mins. per side
Trial Judge: Sargent