U.S. Court of Appeals For The Fourth Circuit

Oral Argument Calendar
Richmond, Virginia
(04/01/2003 - 04/04/2003 Session)



Tuesday, April 1, 2003
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

02-1605 John Maltas v. Michael Maltas
CONSTRUCTIVE TRUST. Whether family member exercised undue
influence over decedent in regard to quitclaim deed.
Trial Judge: Davis

02-1230 E. Greer v. Hartford Life
BANKRUPTCY. Whether creditor violated the automatic stay by
prosecuting state court action; challenge to denial of
sanctions.
Trial Judge: Blake

01-1761 Robert Holmes v. DOWCP
LONGSHORE. Whether Holmes' petition for review is timely;
whether the ALJ's decision denying benefits is supported by
substantial evidence.
15 mins. per side

02-1499 Henry Grausz v. John Sampson
BANKRUPTCY. Whether debtor breached settlement agreement
with creditor by failing to provide an accurate listing of
assets in bankruptcy schedules.
Trial Judge: Messitte


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

02-4451 USA v. Mike Culbert
SENTENCING. Whether the district court failed to comply with
this Court's mandate to make factual findings regarding
sentencing matters.
Trial Judge: Mullen

02-1741 Fiberlink Comm v. John Magarity
EMPLOYMENT CONTRACTS. Whether district court erred in
finding that specific performance of contract for employee
to receive company common stock is barred by the doctrine
of unclean hands.
Trial Judge: Dohnal

02-1678 Walter Doe v. USA
CONSTITUTIONAL LAW. Propriety of district court's denial of
appellant's claim for injunctive relief against federal
officers in their official capacities.
Trial Judge: Friedman


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

03-4018 United States v. Dyann C. Gardner
CRIMINAL LAW & PROCEDURE. Sufficiency of evidence and
double jeopardy challenges to convictions for social
security fraud.
Trial Judge: Hudson

02-1957 Steve Harris Inc v. Kenyon Oil
CONTRACTS. Whether defendant breached obligation to
remediate contamination due to removal of underground
storage tanks and provide closure letter.
Trial Judge: Smalkin

02-1709 (L) 02-1746 ePlus Group v. CareSouth Home
CONTRACTS. Whether lease was a security interest under
state law; whether defendant was in material breach;
whether plaintiff lacked standing by assigning its rights
to the underlying assets.
Trial Judge: Cacheris

02-2047 NLRB v. Kodiak Electric
LABOR. Whether successor corporation was created to avoid
previous corporation's obligations under union contract.


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

02-2019 Tommy O'Brien v. Appomattox Cnty
LAND USE. Challenge to preliminary injunction enjoining
enforcement of local ordinances regulating the use of
sewage sludge on farmland.
Trial Judge: Moon

02-2014 St. Paul Reinsurance v. Clarence Rudd
INSURANCE. Whether policyholder's late notice of lawsuit to
insurer relieves insurer of its obligation to defend and
indemnify.
Trial Judge: Boyle

02-6277 USA v. Fleming Pleasants
CRIMINAL LAW & PROCEDURE. Propriety of district judge's
absence from courtroom during closing argument.
Trial Judge: Fox

02-1271 Kaney O'Neill v. Windshire-Copeland
TORTS. Whether the trial court erred in instructing jury on
contributory negligence after defendant was found by the
court to be negligent per se.
Trial Judge: Morgan


Wednesday, April 2, 2003
9:00 a.m.



COURTROOM 2 - Courthouse Room 233 (Green Carpet)
(En banc rehearings)

01-4463 (L) 01-4464 01-4465 USA v. David Pasquantino
Rehearing en banc.
Trial Judge: Motz

01-12 Kenneth Bernard Rouse v. R.C. Lee
Rehearing en banc.
Trial Judge: Tilley


COURTROOM 1 - Courthouse Room 435 (Red Carpet)
(Beginning at conclusion of en banc rehearings)

02-2044 ProEnglish v. George Bush
CIVIL RIGHTS. Whether plaintiffs have standing to challenge
policy that federal fund recipients provide services and
benefits in languages other than English.
Trial Judge: Brinkema

02-1475 Abdul Khattak v. INS
IMMIGRATION. Whether the Attorney General had the authority
to promulgate retroactive regulations; other issues.


COURTROOM 2 - Courthouse Room 233 (Green Carpet)
(Beginning at conclusion of en banc rehearings)

02-1595 RJ Reynolds v. Philip Morris
ANTITRUST. Challenge to summary judgment in action alleging
that defendant's merchandising program substantially fore-
closes other cigarette brands from the marketplace.
Trial Judge: Bullock

02-2287 Media General v. Buchanan
SEARCH WARRANT. Appeal from dismissal of newspaper's
action to unseal search warrant proceedings.
Trial Judge: Hilton


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)
(Beginning at conclusion of en banc rehearings)

02-1853 (L) 02-1890 Hicks Helton v. Jeff Hunt
CONSTITUTIONAL LAW. Whether state law outlawing video poker
machines violates Equal Protection Clause.
Trial Judge: Thornburg


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)
(Beginning at conclusion of en banc rehearings)

02-1787 William Sloan v. Auditron Electronic
TRADEMARK. Whether plaintiff abandoned registered mark;
whether defendant's use is likely to cause confusion.
Trial Judge: Keeley


Thursday, April 3, 2003
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-8020 Ophelia De'Lonta v. Ronald Angelone
CIVIL RIGHTS. Propriety of denial of estrogen therapy to
medically eligible inmate; standard of review of 28 U.S.C.
Section 1915(e)(2) (2000) dismissal.
Trial Judge: Turk

02-4194 (L) 02-4247 USA v. Francisco Curbelo
CRIMINAL LAW & PROCEDURE. Whether trial with eleven jurors
was harmless error; whether sentence violated Apprendi;
other issues.
Trial Judge: Mullen

02-1137 Carefirst of MD v. Carefirst Pregnancy
TRADEMARK INFRINGEMENT. Whether state long-arm statute or
Fourteenth Amendment authorizes jurisdiction; denial of
request for discovery.
Trial Judge: Blake

02-1815 Colony Apartments v. Aimco Residential
TORTS. Challenge to summary judgment on limitations grounds
of action alleging professional negligence and fraudulent
misrepresentations.
Trial Judge: Williams


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

03-1116 Sun Microsystems v. Microsoft Corp
ANTITRUST. Challenge to grant of preliminary injunction in
antitrust action.
Trial Judge: Motz

02-1205 (L) 02-1261 02-1360 Mingo Logan Coal Co v. NLRB
LABOR. Whether employer's decision to lay off employees was
based on a legitimate business reason and not on anti-union
animus.

02-1823 First Union Commercial v. GATX
CONTRACTS. Challenge to denial of post-trial motion to
enlarge jury award and motion for prejudgment interest.
Trial Judge: Horn


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

02-1446 Planned Systems v. Federal Technology
CONTRACTS. Challenge to dismissal of claim that federal
government subcontractor breached its contractual
obligation to avoid conflicts of interest with the prime
contractor.
Trial Judge: Hilton

02-1819 Randi B. Ferraro v. William P. Ballard
BANKRUPTCY. Challenge to the application of the balancing
test to the dischargeability of a marital property
settlement obligation.
Trial Judge: Doumar

02-1292 Southside Trust v. Town of Fuquay-Varina
CONTRACTS. Challenge to summary judgment in action
involving alleged overcharging for sewer service.
Trial Judge: Boyle

02-1842 Christopher Lyon v. USA
TAX. Whether sole corporate officer, shareholder and
director was the person responsible for collection and
payment of corporate employment taxes.
Trial Judge: Williams


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

02-1801 Raymond Taylor v. Anthony Molesky
CIVIL RIGHTS. Whether district court erred in denying
challenge to race-based peremptory strike; challenge to
admission of hearsay; challenge to cross-examination of
plaintiff on incidents of domestic violence.
Trial Judge: Motz

02-2104 (L) 02-2114 Sea Side v. Single Source
PRODUCT LIABILITY. Challenge to denial of motion to strike
testimony of expert witnesses and to limitation on damages.
Trial Judge: Cook

02-1965 John Doe 2 v. Associated Press
CIVIL. Challenge to dismissal of action against news
reporting service for disclosing sex abuse victim's
identity.
Trial Judge: Norton


Friday, April 4, 2003
8:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-4630 (L) 01-4813 01-4964 USA v. Christopher Wills
CRIMINAL LAW & PROCEDURE. Challenge to sufficiency of
evidence and jury instructions on stalking and kidnaping
charges; challenge to admission of cellular phone records
and the movie, Casino.
Trial Judge: Brinkema

02-1693 Maryland-Natl v. Timothy Boyle
RICO. Whether plaintiffs sufficiently alleged a pattern of
racketeering activity in action resulting from a project to
put mobile computers in police cruisers.
Trial Judge: Harvey

02-1848 Gary Peeples v. Coastal Office
EMPLOYMENT DISCRIMINATION. Whether, under the Family
Medical Leave Act, the employee properly notified his
employer of his medical condition.
Trial Judge: Davis

02-5004 USA v. El Sayed Rashwan
CRIMINAL LAW & PROCEDURE. Sufficiency of evidence to
support conviction for identification fraud; sentencing.
Trial Judge: Hudson


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

02-1459 (L) 02-1489 Howard Cohen v. USEC
SECURITIES. Challenge to dismissal of class action alleging
securities fraud.
Trial Judge: Harvey

02-1881 Alan Cecil v. Paul-Michael Sweeney
BANKRUPTCY. Challenge to award of attorney's fees to
trustee out of exempt assets of the estate.
Trial Judge: Williams

02-4618 USA v. Jamal Mitchell
CRIMINAL LAW & PROCEDURE. Challenge to proper venue;
whether forfeiture order is valid; sentencing issues.
Trial Judge: Cacheris

02-1912 (L) 02-2080 Wachovia v. Federal Reserve
BANKING. Challenge to summary judgment in action alleging
breach of presentment warranty involving an altered check.
Trial Judge: Thornburg


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

02-4668 USA v. Norman Blount
SENTENCING. Whether district court erred in refusing to
enhance sentence for possession of a firearm and ammunition
stolen by defendant in a previous burglary.
15 mins. per side
Trial Judge: Morgan

02-4066 (L) 02-4069 02-4195 USA v. Franceyn Secor
CRIMINAL LAW & PROCEDURE. Challenge to sufficiency of
evidence in tax evasion prosecution; challenge to jury
instructions; sentencing issues.
Trial Judge: Jackson

02-4240 (L) 02-4242 USA v. Sakiliba Mines
CRIMINAL LAW & PROCEDURE. Whether the district court abused
its discretion in admitting "other bad act" evidence under
Fed. R. Evid. 404(b).
Trial Judge: Williams

02-7365 Latif Khaliq v. Ronald Angelone
PRISONER RIGHTS. Challenge to dismissal of action by state
prisoners housed in regional jails alleging deprivation of
equal protection due to less favorable conditions compared
to state correctional facilities.
Trial Judge: Kiser


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

02-1441 Jeffrey Bruette v. Montgomery Cnty MD
CIVIL. Propriety of granting appellees' motion for summary
judgment in Section 1983 action; discovery issues.
Trial Judge: Motz

02-4755 (L) 02-4836 Patricia Elliott v. USA
CRIMINAL LAW & PROCEDURE. Whether defendant's conduct
constituted a false statement under bank fraud statute;
sentencing issue.
Trial Judge: Spencer

02-1671 Beverly Chambers v. Old Hickory Coal
BLACK LUNG BENEFITS. Whether ALJ properly weighed evidence
of pneumoconiosis under Island Creek Coal Co. v. Compton,
211 F.3d 203 (4th Cir. 2000).
15 mins. per side

02-1671 Beverly Chambers v. Old Hickory Coal
BLACK LUNG BENEFITS. Whether ALJ properly weighed evidence
of pneumoconiosis under Island Creek Coal Co. v. Compton,
211 F.3d 203 (4th Cir. 2000).
15 mins. per side