U.S. Court of Appeals For The Fourth Circuit
Richmond, Virginia
(05/06/2003 - 05/09/2003 Session)

Tuesday, May 6, 2003

COURTROOM 1 - Courthouse Room 435 (Red Carpet) 9:30 a.m.

02-1479 Worldcom v. Kevin Boyne
EMPLOYMENT CONTRACTS. Whether employee was unjustly
enriched by failing to return cash retention bonus when he
prematurely resigned; whether employee failed to prove
damages when company "froze" his stock options.
Trial Judge: Lee

02-2129 Hess Energy v. Lightning Oil
CONTRACTS. Whether contract/market price differential
damages were correctly calculated; whether defendant was
improperly precluded from pursuing a defense of failure to
mitigate.
Trial Judge: Cacheris

02-2018 (L) 02-2084 America Online v. St. Paul Mercury
INSURANCE. Whether "physical damage" policy covered damage
to consumers' computers by defective software.
Trial Judge: Lee

02-2071 Elaine Stewart v. Prince George's Cnty
CIVIL RIGHTS. Challenge to denial of qualified immunity of
police officers in wrongful death action.
Trial Judge: Williams

Tuesday, May 6, 2003

COURTROOM 2 - Courthouse Room 233 (Green Carpet) 9:30 a.m.

02-2223 Milburn Colliery v. DOWCP
BLACK LUNG BENEFITS. Whether the Administrative Law Judge's
decision awarding benefits is supported by substantial
evidence.
15 mins. per side

02-1885 (L) 02-1928 S. Wallace v. Cincinnati Ins
INSURANCE. Whether ammonia tainted ham products constituted
a physical loss or damage within policy coverage; whether
insurer waived two-year contractual limitation in policy.
Trial Judge: Williams

02-2052 (L) 02-2053 NC Right v. Larry Leake
CONSTITUTIONAL LAW. Challenge to state law defining
Trial Judge: Boyle

Tuesday, May 6, 2003

COURTROOM 3 - Courthouse Room 225 (Tan Carpet) 9:30 a.m.

02-2074 Smith-Berch v. Baltimore Cnty MD
CONTEMPT. Whether district court had jurisdiction to
enforce order enjoining county from treating drug treatment
centers differently from other medical offices for zoning
purposes.
Trial Judge: Blake

02-1587 Michael Svezzese v. Duratek Inc
SECURITIES. Whether plaintiffs adequately plead scienter.
Trial Judge: Garbis

02-2190 James Hayes v. Crown Central
SECURITIES. Whether proxy statement was false and
misleading; whether controlling stockholder and Board of
Directors are liable.
Trial Judge: Hilton

Tuesday, May 6, 2003

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet) 9:30 a.m.

02-2007 Route 9 v. Norman Mineta
ADMINISTRATIVE AGENCY. Challenge to Federal Highway
Administration's decision to fund construction of a new
four-lane highway to replace existing road.
Trial Judge: Broadwater

02-2021 David Simonini v. Stewart Bell
BANKRUPTCY. Whether bankruptcy preempts state criminal
prosecution for drawing and passing checks without
sufficient funds.
Trial Judge: Mullen

Wednesday, May 7, 2003

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

01-1359 Ethel Louise Hill v. Lockheed Martin Logistics
Rehearing En Banc
Trial Judge: Seymour

Wednesday, May 7, 2003

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

02-21 William Bell v. Gary Maynard
HABEAS CORPUS. Numerous issues arising out of state capital
murder conviction and sentencing.
Trial Judge: Norton

02-1110 Allison Murphy v. Playtex
PRODUCTS LIABILITY. Whether plaintiffs' claims are
preempted by the Medical Devices Act; challenge to summary
judgment on state product liability claims.
Trial Judge: Davis

02-4608 USA v. April Schaal
SENTENCING GUIDELINES. Whether it was error to enhance
sentence for multiple firearms offenses under USSG Section
2K2.1(b)(5) where the other offense was the larceny of the
same firearms; whether subsection (b)(4) enhancement was
error. 15 mins. per side
Trial Judge: Osteen

Wednesday, May 7, 2003

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

02-4551 USA v. John Brower
CRIMINAL LAW & PROCEDURE. Does Apprendi v. New Jersey, 530
U.S. 466, 490 (2000) require government to prove defendant
knew exact nature of controlled substance to obtain
conviction for distribution of cocaine base.
Trial Judge: Osteen

02-7086 Clinton Odom v. SC Dept Corr
SECTION 1983. Whether appellees demonstrated deliberate
indifference in violation of the Eighth Amendment by
failing to protect appellant from assault by fellow
inmates.
Trial Judge: Wooten

02-2037 State of WV v. Sec HHS
TAX. Whether state tax on health care providers is
preempted by federal law under the Federal Employees Health
Benefit Act.
Trial Judge: Hallanan

Wednesday, May 7, 2003

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

02-1712 Amy Shepard v. Katrina Irving
CONSTITUTIONAL LAW. Whether receipt of federal financial
assistance on waiver of state's Eleventh Amendment immunity
from suit is a valid exercise of legislative authority
under the spending clause.
Trial Judge: Lee

02-2137 Sonoco Products v. Physicians Health
ERISA. Whether Act completely preempts state law claim of
employer plan sponsor that insurer breached its coverage
agreement.
Trial Judge: Wooten

Wednesday, May 7, 2003

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

02-2116 Danny Melton v. Keith Pasqua
ADMINISTRATIVE AGENCY. Whether Commodity Futures Trading
Commission erred in vacating ALJ's decision on the ground
that the parties had validly settled their dispute.

02-2291 Richard Payne v. Merrill Lynch
SECURITIES. Challenge to district court's reinstatement
and remand of state law class claims.
Trial Judge: Messitte

02-2297 Michael Stamathis v. Flying J
TORTS. Challenge to jury award in action alleging malicious
prosecution, defamation and tortious interference with
contractual relations.
Trial Judge: Wilson

Thursday, May 8, 2003

COURTROOM 1 - Courthouse Room 435 (Red Carpet) 9:30 a.m.

02-27 (L) 03-2 James Reid v. Page True
HABEAS CORPUS. Numerous issues arising out of state capital
murder conviction and sentencing.
Trial Judge: Wilson

02-1791 Kimberly Babcock v. BellSouth
EMPLOYMENT. Whether plaintiff was an "eligible employee"
under the Family and Medical Leave Act.
Trial Judge: Perry

02-2070 J. Wilson v. Dryvit Systems
TORTS. Whether state economic loss rule bars negligence-
based claims.
Trial Judge: Britt

02-2152 Berlyn Inc v. Gazette Newspapers
ANTITRUST. Challenge to summary judgment in action alleging
unfair competition and antitrust violations in acquisition
and operation of community newspapers.
Trial Judge: Smalkin

Thursday, May 8, 2003

COURTROOM 2 - Courthouse Room 233 (Green Carpet) 9:30 a.m.

03-4315 United States v. Dennis Roger Vandyke
Expedited.
Trial Judge: Thornburg

02-2130 Howard Knussman v. State of MD
ATTORNEY FEES. Whether district court abused its discretion
in awarding attorney fees that far exceeded the damage
award.
Trial Judge: Black

02-2032 Norfolk Southern v. Chief Justice McGraw
CONSTITUTIONAL LAW. Challenge to district court's
abstention in action seeking review of state court rules.
Trial Judge: Copenhaver

Thursday, May 8, 2003

COURTROOM 3 - Courthouse Room 225 (Tan Carpet) 9:30 a.m.

02-2069 State Auto v. Travelers Indemnity
INSURANCE. Challenge to summary judgment in declaratory
judgment action concerning insurer's duty to defend in
underlying tort action.
Trial Judge: Fox

02-2147 (L) 02-2192 Wanda Bryant v. Aiken Regional
TITLE VII. Whether plaintiff established prima facie case
of racial discrimination and retaliation; challenge to
failure to enhance award of back pay to account for
additional taxes.
Trial Judge: Currie

02-1846 Travelers Indemnity v. Liberty Mutual
INSURANCE. Whether plaintiff was an additional insured
under third party's policy to create entitlement to
contribution and subrogation.
Trial Judge: Nickerson

02-7077 USA v. Robert Gadsen
HABEAS CORPUS. Cognizability and timeliness of Section 2255
motion based on vacatur of state convictions used to
enhance federal sentence.
Trial Judge: Duffy

Thursday, May 8, 2003

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet) 9:30 a.m.

02-1485 Dennis Kozlowski v. Hampton School
EMPLOYMENT DISCRIMINATION. Whether district court erred in
issuing its evidentiary rulings and jury instructions.
Trial Judge: Bradberry

02-1936 Robert Duckworth v. State Administration
CONSTITUTIONAL LAW. Challenge to dismissal of gerrymander-
ing claim to redistricting plan on the ground that the
complaint was substantially identical to previously
litigated claims.
Trial Judge: Davis

02-2012 (L) 02-2183 John Hancock v. NLRB
LABOR. Whether employer discharged employees because of
suspected union activity; whether employer threatened to
close plant if union was elected.

02-2050 Dennis Stubbs Plumbing v. Travelers Casualty
SURETIES. Challenge to summary judgment in action against
builder's surety for nonpayment for work done on project.
Trial Judge: Lee

Friday, May 9, 2003

COURTROOM 1 - Courthouse Room 435 (Red Carpet) 8:30 a.m.

02-1013 Robert Scardelletti v. Frederick Rinckwitz
INJUNCTION. Challenge to reissuance of injunction under All
Writs Act after remand.
Trial Judge: Motz

02-1425 Metric Constructors v. Bank of Tokyo
CIVIL LAW. Challenge to dismissal of claim of unjust
enrichment in action against banks for withdrawing project
financing.
Trial Judge: Britt

02-4257 USA v. John Jones
SENTENCING. Whether defendant could be sentenced as a repeat
offender when the government failed to serve him with notice
before voir dire.
Trial Judge: Nickerson

01-4878 USA v. Gregory Caplinger
CRIMINAL LAW & PROCEDURE. Sufficiency of evidence;
propriety of adjustment for abuse of position of trust;
other sentencing issues.
Trial Judge: Wiseman

Friday, May 9, 2003

COURTROOM 2 - Courthouse Room 233 (Green Carpet) 8:30 a.m.

02-1319 Wilbert Skipper v. Giant Food
TITLE VII. Challenge to denial of class certification and
granting of summary judgment in action alleging racially
hostile work environment, disparate treatment and
retaliation.
Trial Judge: Motz

02-4705 USA v. Gary Butler
SENTENCING. Whether the sentence imposed is less than
required by remand order.
Trial Judge: Mullen

01-7500 USA v. Anthony Goines
SENTENCING GUIDELINES. Whether defendant's sentence should
be reduced under U. S. Sentencing Guideline Amendment 599.
15 mins. per side
Trial Judge: Jones

Friday, May 9, 2003

COURTROOM 3 - Courthouse Room 225 (Tan Carpet) 8:30 a.m.

02-1977 Worldwide Security v. Southern Financial
TORTS. Whether defendant knew of factoring agreement and
intentionally interfered in such contract causing its
breach.
Trial Judge: Hilton

02-4089 USA v. Betty Osborne
CRIMINAL LAW & PROCEDURE. Whether the magistrate judge had
authority to accept Osborne's guilty plea absent de novo
review by the district court.
Trial Judge: Houck

02-4669 USA v. Ammad Perry
CRIMINAL LAW & PROCEDURE. Whether 18 U.S.C. Section
1512(b)(3) (2000), requires a showing by the government that
a defendant acted with the specific intent to mislead a
federal official.
Trial Judge: Chasanow

01-4674 USA v. Paul Midgett
CRIMINAL LAW & PROCEDURE. Whether the district court erred
in denying Midgett's motion for a new trial based on his
competency to stand trial; other issues.
Trial Judge: Thornburg

Friday, May 9, 2003

COURTROOM 4 - Courthouse Room 420 (Tweed Carpet) 8:30 a.m.

02-4759 (L) 02-4774 02-4814 02-4815 USA v. Abdillah Abdi
CRIMINAL LAW & PROCEDURE. Whether structured money was
derived from lawful activity; whether district court erred
by declining to apply Section 2S1.3 to the full amount of
structured money at sentencing.
Trial Judge: Cacheris

01-4488 (L) 01-4490 01-4688 01-4689 01-4694 USA v. Ronald Marshall
CRIMINAL LAW & PROCEDURE. Whether the drug paraphernalia
statute includes diluents like mannitol; challenge to the
admission of photos and videos; sentencing issues.
Trial Judge: Legg

02-1914 Afcon Inc v. Bell BCI
CONTRACTS. Challenge to summary judgment in action alleging
breach of contract and unjust enrichment/quantum meruit.
Trial Judge: Brinkema

02-1962 Lydia Goulart v. Paul Meadows
CIVIL RIGHTS. Whether county's ban on educational activity
in community centers violates free expression rights under
the First Amendment.
Trial Judge: Messitte