U.S. Court of Appeals For The Fourth Circuit

Oral Argument Calendar
Richmond, Virginia
(02/25/2002 - 02/28/2002 Session)


Monday, February 25, 2002
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-2101 Security Ins v. Arcade Textiles
INSURANCE. Whether appropriate rate of interest on
interpled funds was the federal floating rate or the state
statutory pre-judgment rate.
Lower Court Judge: Anderson

01-2227 R.M.S. Titantic v. Wrecked & Abandoned
ADMIRALTY. Whether district court improperly limited
transferring title to salvaged artifacts.
Lower Court Judge: Smith

01-1473 Harrison Tigrett v. Rector & Visitors
EDUCATION. Challenge to summary judgment in action alleging
violation of university students' due process rights in in
absentia hearing and expulsion.
Lower Court Judge: Moon


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-2122 Millville Quarry v. Liberty Mutual
INSURANCE. Whether "additional expense" coverage applied to
costs such as food investigation and water pumps.
Lower Court Judge: Broadwater

01-1526 (L) 01-1587 Anthony Nelson v. Cowles Ford
CONSUMER PROTECTION. Whether district court erred in
granting judgment as a matter of law in action alleging
violation of the Federal Odometer Act, violation of state
Consumer Protection Act, and breach of contract; attorney's
fees.
Lower Court Judge: Hilton

01-2154 Club Assoc v. Robert Wise
CONSTITUTIONAL LAW. Whether state's sharing of proceeds in
video lottery operation is a tax under the Tax Injunction
Act; abstention.
Lower Court Judge: Haden


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-2102 Auto-owners v. Debbie Sarata
INSURANCE. Whether the term "relative" included coverage of
a son without regard to whether or not he resided in
policyholder's household.
Lower Court Judge: Perry

01-2161 (L) 01-2180 John Lane v. USA
TAX. Whether payments to business adviser were compensation
or gifts.
Lower Court Judge: Moon

01-1397 Vincent Russ v. USA
FTCA. Whether the misrepresentation exception to the FTCA
bars plaintiffs' claims; whether material facts are in
dispute regarding the duty to inspect.
Lower Court Judge: Bullock

01-2113 aaiPHARMA v. Tommy Thompson
ADMINISTRATIVE AGENCY. Whether the FDA failed to perform
its responsibilities under the Drug Price Competition and
Patent Term Restoration Act.
Lower Court Judge: Fox


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

01-1718 Mark Gravitte v. NC Div of Motor
EMPLOYMENT. Challenge to dismissal and denial of injunction
in action alleging unconstitutional traffic ticket quotas
for law enforcement officers.
Lower Court Judge: Boyle

01-1578 Freddie McCollum v. Robert McDaniel
CIVIL RIGHTS. Challenge to denial of motion for new trial
and limited remittitur in action alleging excessive force
and unlawful seizure.
Lower Court Judge: Blake

01-1965 (L) 01-2195 Elaine Chao v. VDOT
FAIR LABOR STANDARDS ACT. Whether state waived immunity to
suit over wages and hours of state employees; whether there
was an equitable tolling of the period of limitations for
bringing suit.
Lower Court Judge: Payne

01-1922 (L) 01-1923 Aris Maridirossian v. Paul Revere Life
INSURANCE. Whether policy holder is precluded from pursuing
claim for specific performance because of available state
administrative remedies.
Lower Court Judge: Williams


Tuesday, February 26, 2002
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-1862 Solers v. Hartford Casualty
INSURANCE. Whether insurer had a duty to defend and
indemnify under "advertising injury" coverage in policy.
Lower Court Judge: Lee

01-2109 Susan Nettles v. Proctor & Gamble
PRODUCTS LIABILITY. Challenge to summary judgment and
exclusion of testimony of plaintiff's causation expert in
action alleging loss of vision after using nasal spray.
Lower Court Judge: Duffy

01-1628 Sidney Jaffe v. Accredited Surety
JUDGMENTS. Whether enforcement of Canadian judgment would
violate state's public policy.
Lower Court Judge: Lee


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-2075 Gary Lee v. NLRB
LABOR. Whether compelling nonmembers to wear union logo
violates NLRA.

01-2049 Bruce Matson v. Geraldine Clarke
BANKRUPTCY. Whether debtor's homestead deed was sufficient
under state law.
Lower Court Judge: Payne

01-1898 Centech Group v. Getronicswang
CONTRACTS. Challenge to summary judgment on the ground that
original contract had been superseded by a revised
contract.
Lower Court Judge: Brinkema


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-1509 D'Elegance Mgmt v. Universal Surety
JUDGMENTS. Whether judgment creditor is entitled to
supplemental proceedings when the judgment has not been
docketed and no writ of execution has been issued.
Lower Court Judge: Fox

01-1553 S & D Land v. D'Elegance Mgmt
JUDGMENTS. Whether district court erred in allowing
supplemental proceedings to enforce judgment; challenge to
injunction enjoining the transfer or sale of property.
Lower Court Judge: Fox

01-1576 Vezina Lawrence v. Mike Mitchell
JUDGMENTS. Whether district court erred in allowing
supplemental proceedings to enforce judgment; challenge to
injunction enjoining the transfer or sale of property.
Lower Court Judge: Fox

01-2043 Vezina, Lawrence v. S & D Land
JUDGMENTS. Whether district court erred in denying leave to
file an attorney's charging lien.
Lower Court Judge: Fox


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

01-1911 Mitchell, Best v. Travelers Property
INSURANCE. Whether insurer violated its duty to defend
policyholder.
Lower Court Judge: Williams

01-1693 Samuel Antrican v. Carmen Buell
MEDICAID. Challenge to denial of motion to dismiss state
defendant based on qualified immunity.
Lower Court Judge: Howard

01-2149 Patricia Snowden v. Checkpoint
ARBITRATION. Challenge to denial of motion to compel
arbitration in action alleging violations of the Truth in
Lending Act and RICO.
Lower Court Judge: Davis

01-1453 Calvin Gresham v. Food Lion
EMPLOYMENT DISCRIMINATION. Whether the district court
properly granted summary judgment on breach of contract
claim; other issues.
Lower Court Judge: Anderson


Wednesday, February 27, 2002
9:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-1831 John Fernandez v. James Haynie
ADMIRALTY. Challenge to federal jurisdiction over alleged
breach of contract to procure and maintain marine
insurance; post trial amendment of pleadings; attorney's
fees.
Lower Court Judge: Morgan

01-1943 Vulcan Chemical v. Phillip Barker
ARBITRATION. Whether district court erred in vacating
arbitration award.
Lower Court Judge: Williams

01-2067 (L) 01-2228 Sara Lee v. NLRB
LABOR. When a unionized employer acquires a non-union
competitor and consolidates, is the union entitled to
representation rights and contractual rights at the
newly-consolidated sites.

01-1745 GE Capital v. Marketing Research
CONTRACTS. Challenge to summary judgment in action arising
out of default on lease of equipment.
Lower Court Judge: Bullock


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-1640 (L) 01-1651 01-1654 Aline Iodice v. USA
FEDERAL TORT LIABILITY. Challenge to dismissal of medical
malpractice claims against the Department of Veterans
Affairs.
Lower Court Judge: Beaty

01-1951 Jay McNabb v. State of NC
CIVIL RIGHTS. Challenge to dismissal of action arising out
of the alleged illegal search of business and home.
Lower Court Judge: Thornburg

99-4568 USA v. Derek Popejoy
CRIMINAL LAW & PROCEDURE. Whether sentence exceeding
statutory maximum for unspecified quantity of marijuana was
plain error and, if so, whether appeals court should notice
and remedy the error when defendant did not raise it in the
district court or on appeal.
Lower Court Judge: Voorhees

00-4144 USA v. Darrell Saddoris
CRIMINAL LAW & PROCEDURE. Whether sentence exceeding
statutory maximum for unspecified quantity of
methamphetamine was plain error and, if so, whether appeals
court should notice and remedy the error when defendant did
not raise it in the district court or on appeal.
Lower Court Judge: Goodwin


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-1946 Georgia Bethea v. Black & Decker
ERISA. Whether disability plan manager abused his
discretion in denying long term disability benefits;
whether employee was improperly denied rehabilitation
employment.
Lower Court Judge: Tilley

01-1977 William Hensley v. Fred Horne
CIVIL RIGHTS. Challenge to denial of qualified immunity to
city employee in action alleging retaliation for the
exercise of right to free speech.
Lower Court Judge: Moon

01-1776 Constantin Rusu v. INS
IMMIGRATION. Whether videoconferenced asylum hearing
violated petitioner's due process rights; other issues.

01-1352 Project Control v. Westinghouse
CONTRACTS. Whether jury completed verdict and special
interrogatory forms inconsistently; whether district court
erred in refusing to amend judgment and in assessing costs
against plaintiff; challenge to denial of prejudgment and
post-judgment interest.
Lower Court Judge: Currie


Thursday, February 28, 2002
8:30 a.m.



COURTROOM 1 - Courthouse Room 435 (Red Carpet)

01-2475 Gannett Co v. Clark Construction
ABSTENTION. Challenge to district court order in contract
action abstaining under the Colorado River abstention
doctrine.
Lower Court Judge: Cacheris

00-4287 USA v. Arturo Ponce
CRIMINAL LAW. Whether Ponce received benefit of plea
agreement when held responsible for drug amounts excluded
by court's grant of motion for specific performance; other
issues.
Lower Court Judge: Shedd


COURTROOM 2 - Courthouse Room 233 (Green Carpet)

01-1185 (L) 01-2191 Ovalee Barefoot v. City of Wilmington
PRELIMINARY INJUNCTION. Challenge to denial of preliminary
injunction in action arising out of municipality's
annexation of property.
Lower Court Judge: Boyle

01-2141 Beth Stolting v. Jolly Roger Amusement
TORTS. Challenge to summary judgment in action arising out
of injury on amusement park water slide.
Lower Court Judge: Garbis

01-4344 USA v. Robert Bennafield
CRIMINAL. Whether convictions were multiplicitous when one
count resulted from drugs found in a vehicle and the other
count from drugs found on the fleeing driver; other issues.
Lower Court Judge: Morgan

00-4105 (L) 00-4455 00-4539 USA v. Shanell Willoughby
CRIMINAL. Whether jury instructions were adequate to
support enhanced penalties under 21 U.S.C. Section 860;
other issues.
Lower Court Judge: Voorhees


COURTROOM 3 - Courthouse Room 225 (Tan Carpet)

01-1694 John Lyon v. Larry Campbell
CORPORATIONS. Whether directors violated their fiduciary
duties to shareholder by failing to distribute proceeds
from land sale.
Lower Court Judge: Smalkin

01-1948 Aubrey Henry v. Jefferson Cnty
LAND USE. Whether denial of zoning conditional use permit
constitutes a taking of property; qualified immunity.
Lower Court Judge: Broadwater

01-1887 Estate of Fred v. Commissioner IRS
TAX. Whether Tax Court erred in calculating fair market
value of decedent's interests in four housing partnerships
and management company.

01-1809 Leatrice Caricofe v. Mayor & City Council
CIVIL RIGHTS. Whether police officers used excessive force
resulting in the death of plaintiffs' decedent; qualified
immunity.
Lower Court Judge: Smalkin


COURTROOM 4 - Courthouse Room 420 (Tweed Carpet)

01-1765 Telecom America v. Oncor Communications
UNFAIR TRADE PRACTICES. Challenge to judgment as a matter
of law in action alleging unjust enrichment, breach of
contract, misappropriation of trade secrets and intentional
interference with business relationships.
Lower Court Judge: Williams

00-6604 Keith DeBlasio v. Mark Earley
PLRA. Whether access to court claims are subject to
exhaustion requirement of 42 U.S.C.A. section 1997e(a)
(West 2000), and whether section 1997e(a) is subject to
futility exception.
Lower Court Judge: Hilton

01-4527 USA v. Keith Maxwell
SENTENCING. Whether "any term of imprisonment" under
18 U.S.C.A. Section 3583(h) (West 2000) includes prior
terms of imprisonment.
Lower Court Judge: Tilley

01-4168 (L) 01-4169 USA v. Christopher Thomas
EVIDENCE. Whether the district court erred by admitting
testimony regarding appellant's unwillingness to talk to a
police investigator; related issues.
Lower Court Judge: Hilton


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