Richmond, VA
January 28–31, 2020
January 28, 2020
ALPS Prop. & Cas. v. Ivan Higgerson, Sr.
Whether district court properly applied the negligent supervision exclusion in malpractice insurance contract.
Diana Mey v. DIRECTV, LLC
Propriety of district court's order determining that class action claims under the Telephone Consumer Protection Act did not fall within the scope of arbitration provision.
United States v. Charles Spivey, Jr.
Whether venue was proper in prosecution for failure to register under SORNA in state where sex offender began interstate travel; other issues.
United States v. Brooks Chambers
Whether error in application of career-offender enhancement in original sentence should have been considered when acting on motion for reduction of sentence under First Step Act.
Lorenzo Johnson, Jr. v. Old Dominion University
Whether the district court properly denied relief on plaintiffs ADA and retaliation claims related to his failure to undergo a fitness-for-duty evaluation.
Terence Williams v. Dimensions Health Corporation
Appeal from grant of summary judgment to hospital on plaintiff's Emergency Medical Treatment and Active Labor Act claims based on care following automobile accident.
Quentin Braswell v. Donna Smith
Whether, after Wheeler, to proceed under § 2241, substantive law must both change and be deemed retroactive after first § 2255 motion; other issues.
Cybernet, LLC v. Jonathan David
Whether summary judgment was properly granted on claim of damage inflicted during execution of search warrant.
Hector Lopez Ordonez v. William Barr
Whether substantial evidence supports the denial of asylum, withholding of removal and protection under the Convention Against Torture.
Expo Properties, LLC v. Experient, Inc
Challenge to district court's determination that estoppel certificate did not amend parties' lease agreement because it lacked mutual assent and consideration.
Kerron Andrews v. Baltimore City Police Dept.
Challenge to district court's determination that police search using a cell site simulator to locate appellant was constitutional under Fourth Amendment; other issues.
Marion Campbell v. Chris Florian
Appeal from denial of qualified immunity to Department of Corrections attorneys on Eighth Amendment claims arising from misinterpretation of early release statute.
United States v. Michael Patterson
Whether the district court properly revoked supervised release, adequately explained revocation decision, and imposed plainly unreasonable sentence.
United States v. Joseph Benson
Intl Refugee Assistance v. Donald Trump
Whether the district court erred in failing to dismiss plaintiffs' constitutional claims in light of Trump v. Hawaii, 138 S. Ct. 2392 (2018).
January 29, 2020
CTB, Inc. v. Hog Slat, Inc.
Whether district court erred by granting summary judgment to defendant on trade dress infringement claims because genuine factual issues existed with respect to functionality.
United States v. Benjamin McMiller
Samuel R. Ballengee v. Cbs Broadcasting, Inc.; Cbs News, Inc.; Jim Axelrod; Ashley Velie; and Scott Pelley
Whether material facts in dispute related to defamation claims; other issues.
United States v. Edward Wass
Propriety of dismissal of indictment for failing to register under SORNA; whether United States v. Gould, 568 F.3d 459 (4th Cir. 2009), remains good law after Carr v. United States, 560 U.S. 438 (2010); other issues.
Sanitary Bd. of Charleston v. Andrew Wheeler
Whether the district court correctly construed the fee-shifting provision in § 505(d) of the Clean Water Act, 33 U.S.C. § 1365(d) (2012); related issues.
Robert Johnston, III v. Linda Lamone
Whether district court erred by dismissing plaintiffs' election law challenges to Maryland's ballot-access and signature-validation requirements; ripeness.
United States v. Antoine Myles
Whether district court's comments deprived Defendant of due process; other issues.
Richard Edwards, Jr v. Cardinal Transport, Inc
Whether district court erred by determining that 49 C.F.R. § 376.12(c)(1) created a rebuttable presumption of employment status between motor carrier and owner-operator lessor.
Diana Cantu-Guerrero v. Lumber Liquidators, Inc., a Delaware corporation
Justin Fessler v. IBM Corporation
Whether appellant plausibly stated claims of fraudulent misrepresentation, constructive fraud, and unjust enrichment to survive dismissal at pleading stage.
United States v. Jovon Medley
Whether Defendant's invocation of Sixth Amendment right to counsel applied to subsequent interrogation; if so, whether Defendant waived this right; other issues.
Patrick Baehr v. Creig Northrop Team, P.C.
Whether the district court correctly granted Defendants summary judgment in class action suit, brought pursuant to the Real Estate Settlement Procedures Act; other issues.
US ex rel. Citynet, LLC v. Jimmy Gianato
Whether Appellants are entitled to qualified immunity; related issues.
Gary Day v. United Bank
Propriety of district court's dismissal of appellant's claims alleging violations of Assignment of Claims Act; other issues.
United States v. Charles Williamson
Whether drugs consumed by accomplice's personal use were properly included in defendant's relevant conduct; credibility determination at sentencing.
United States v. Joey Brunson
Whether wiretap order is "insufficient on its face" under § 2518(10)(a)(ii) where it fails to identify the Justice Department official who approved the underlying application.
Michael Musselwhite v. Mid-Atlantic Rest.
Whether the district court properly applied nonmutual collateral estoppel; related issues.
Maryland Shall Issue, Inc. v. Lawrence Hogan
Whether district court erred by dismissing claims by gun organization and individual gun owners challenging Maryland firearm accessory ban as unconstitutional.
In re: Emerson Stevens
Whether movant is entitled to authorization to file second or successive § 2254 petition based on new evidence.
January 30, 2020
United States v. Daryl Vandonk
Whether court improperly delegated authority over supervised release when requiring appellant to abide by sex offender treatment conditions until discharged by treatment provider; other issues.
United States v. Leroy Moore, Jr.
Whether district court erred in denying motion to suppress evidence discovered during traffic checkpoint stop.
Colette Wilcox v. Nathan Lyons
Whether former employee may bring a retaliation claim under the Fourteenth Amendment's Equal Protection Clause; other issues.
Shannon Ashford v. Pricewaterhousecoopers LLP
Whether Appellant's Title VII claims fall within the scope of the arbitration agreement.
United States v. Dawn Cottman
Whether district court should have excluded testimony pursuant to Fed. R. Evid. 403; whether the court erred in denying Cottman's suppression motion.
United States v. Sherif Akande
Whether counsel was ineffective as to his advice regarding Akande's appellate rights or the standard of proof for withdrawing a guilty plea.
January 31, 2020
Thomas Harwood, III v. American Airlines, Inc.
Cross-appeals from district court's rulings on plaintiff's discrimination and failure-to-reemploy claims under Uniformed Services Employment and Reemployment Rights Act; other issues.
Robert Polfliet v. Kenneth Cuccinelli, II
Whether the district court had jurisdiction under 8 U.S.C. § 1252(a)(2)(B) (2012) to review visa revocation; related issues.
United States v. Brandon Shane Gravatt
United States v. Tredarius Keene
Whether brandishing, in violation of Virginia Code § 18.2-282, qualifies as a predicate offense under 18 USC § 1959.
United States v. Antonio Miller
Whether district court erred in denying motion to suppress vehicle search within curtilage of home; whether Leon exception applied to search of home.
United States v. Terrance Brown, Jr.
Sufficiency of the evidence to support drug conspiracy convictions; dismissal of counts without prejudice on venue grounds; propriety of drug weight calculations.
SAS Institute, Inc. v. World Programming Limited
Challenge to district court's grant of injunction under All Writs Act enjoining appellant from licensing software to new customers pending satisfaction of prior money judgment.
Joyce McKiver v. Murphy-Brown, LLC
Multiple related appeals from jury verdicts and damage awards in North Carolina hog farm nuisance litigation.
Antwon Gallmon, Jr. v. Robert Cooper
Whether officer's use of force was excessive under clearly established law; whether Court has jurisdiction over interlocutory appeal.
Common Cause v. David Lewis
Appeal by North Carolina legislative defendants from district court's order remanding plaintiffs' redistricting suit to state court; cross-appeal from denial of fees.
Felicia Dean v. Stephen McKinney
Appeal from denial of qualified immunity to officer on plaintiff's due process claims arising from collision with police vehicle; application of Parratt-Hudson doctrine.
United States v. Kendrick Brinkley
Whether officers had reasonable belief under standard articulated in Payton v. New York, 445 U.S. 573 (1980), to enter apartment to serve arrest warrant.
United States v. Edward McCain
Whether life sentence for crimes committed as a juvenile was procedurally and substantively reasonable; other issues.
United States v. Bakari McMillan
Whether district court erred in denying motion for judgment of acquittal and in omitting multiple conspiracies and specific unanimity jury instructions; other issues.
United States v. Michael Miselis
Whether the Anti-Riot Act, 18 U.S.C. § 2101, is unconstitutionally overbroad and vague.