Richmond, VA
October 23 – November 2, 2020
October 23, 2020
Humane Society of the US v. US Fish and Wildlife Service
Whether United States Fish and Wildlife Service must proactively post certain documents under eFOIA; and other issues.
Flexi-Van Leasing, Inc. v. The Travelers Indemnity Co.
Whether conflict of law issue can be resolved via judicial admission; whether conflict of interest existed between insured and attorney paid for by insurer.
October 26, 2020
William Young v. B. Antonelli
Whether Young failed to satisfy the second prong of the Wheeler test for challenging his federal sentence in a § 2241 petition.
Jimmy Edwards v. CSX Transportation, Inc.
Whether tort claims were preempted by Interstate Commerce Clause Termination Act of 1995; other issues.
Gary Kirk v. Commissioner of SSA
Whether Social Security Administration's benefit redetermination procedures violated due process and the APA.
Randy Burke v. Harold Clarke
Whether restrictions placed on inmate who refused to cut dreadlocks amounted to substantial burden on inmate's Rastafarian religious practice.
William Carmack v. Commonwealth of Virginia
Whether district court erred by applying federal law to state wrongful termination claim; other issues.
August Mack Environmental Inc. v. EPA ( Kleeh ) issues.
Whether Appellant is eligible for Superfund reimbursement without preauthorization when preauthorization form allegedly violated Paperwork Reduction Act, 44 U.S.C. §§ 3501-21; other
Sandra Peters v. Aetna Incorporated
Multiple issues arising from district court's grant of summary judgment to defendants on plaintiff's ERISA claims and denial of her motion for class certification.
Liubov Skibo v. Greer Laboratories, Inc. Act
Whether district court erred by granting summary judgment to defendant on action under False Claims for lack of evidence of required scienter.
William R. Lins v. United States of America
Whether the FTCA's discretionary function exception bars Lins' claims. Other issues.
Belmora LLC v. Bayer Consumer Care AG
Cross-appeals from order dismissing Lanham Act claims as barred by statute of limitations, upholding Trademark Trial and Appeal Board's cancellation of trademark; other issues.
October 27, 2020
HIAS, Inc. v. Donald Trump
Challenge to district court's order enjoining the implementation of an Executive Order regarding the Refugee Act.
Edier Rodriguez Bedoya v. William Barr
Whether petitioner established past persecution based on written death threats.
Poly-Med, Inc. v. Novus Scientific Pte. Ltd.
Whether South Carolina would recognize the continuous breach/continuous accrual theory in applying the statute of limitations to contract breach claims.
Clayland Farm Enterprises, LLC v. Talbot County, Maryland; Talbot County Planning & Zoning Commission; Talbot County Department of Public Works Advisory Board; Thomas Hughes, in his individual and official capacity; Michael Sullivan, in his individual and official capacity; John Wolfe, in his individual and official capacity; Jack Fischer, in his individual and official capacity
Appeal from district court's grant of summary judgment to defendants on regulatory takings and substantive due process claims.
Phillip Alig v. Quicken Loans Inc.
Challenge to class certification and summary judgment for plaintiffs on unconscionable inducement claims under West Virginia Consumer Credit and Protection Act; other issues.
Fleet Feet, Inc. v. Nike, Inc.
Whether district court erred by granting preliminary injunction based on "reverse confusion" theory of trademark infringement; issues of mootness.
Jeffery Mays v. Ronald Sprinkle
Whether, after Kingsley v. Hendrickson, 575 U.S. 959 (2015), a pretrial detainee's claim of deliberate indifference to a serious medical need is evaluated by objective reasonableness standard.
Solomon Nuru v. William Barr
Propriety of agency's interpretation of 8 C.F.R. §§ 208.14(C), 208.24 (2020) in holding Petitioner was no longer a derivative of mother's later-filed asylum application.
JTH Tax, Incorporated v. Gregory Aime
Cross-appeals from district court's rulings on remand related to damages.
October 28, 2020
Jason Krembel, Executor of the Estate of Michael L. Krembel v. United States of America
In action under the Federal Tort Claims Act, whether Bureau of Prisons owed duty to ensure that inmate received necessary medical treatment for terminal illness.
Saul Benjamin v. Nicholas Sparks
Multiple issues arising from judgment for defense following jury trial on contract and defamation claims and grant of summary judgment on employment discrimination claims.
Loren Varner v. Michael Roane
Whether district court properly concluded that police-citizen encounter was consensual and that officers did not manufacture probable cause for search.
Michael Tinsley v. City of Charlotte
Whether the district court erroneously denied Defendant's motion for a directed verdict and abused its discretion in awarding equitable relief.
John Doe 4 v. Shenandoah Valley Juvenile
Propriety of grant of summary judgment to juvenile detention center on claims by immigrant child detainee of inadequate mental health care; standing issue.
United States v. Stephen McGrath
Whether valid appeal waiver bars review of claim that due process rights were violated by district court using religious language in sentencing.
Lawrence P. Mann; Linda S. Mann v. United States of America
Appeal from district court's determination that taxpayers were not entitled to charitable contribution deduction for donation of house to nonprofit organization.
Charles Vandross v. Bryan Stirling
Whether the district court's conclusion as to the state court's rejection of ineffective assistance claim is debatable or wrong.
October 29, 2020
Claudio De Simone v. Alfasigma USA, Inc.
Appeal from denial of post-judgment motions challenging 15 million dollar jury verdict on plaintiff's claims of false advertising under Lanham Act.
Claude Knight v. Boehringer Ingelheim
Multiple issues arising from jury verdict finding pharmaceutical company liable for fraud and awarding punitive damages.
Michael Bracey v. Lancaster Foods LLC
Whether the district court erred in granting defendant's motion to compel arbitration and denying plaintiff's motion for reconsideration; other issues.
United States v. Allen Loughry, II
Whether district court erred by denying evidentiary hearing based on alleged juror misconduct arising from juror's Twitter usage during criminal trial against former judge.
Shelia Holmes v. General Dynamics Mission
Whether district court erred in granting summary judgment on ADA claim based on disabled employee's inability to comply with her employer's safety policies.
United States v. Israel Palacios
Whether counsel rendered ineffective assistance by failing to assert a double jeopardy defense to conviction under 18 U.S.C. § 924(c), which is an element of 18 U.S.C. § 924(j).
Thomas Heyer v. US Bureau of Prisons
Whether Defendants' refusal to allow deaf civil detainee access to videophone violates the First Amendment.
Anita Argueta Diaz De Gomez v. William Barr
Whether substantial evidence supports the finding that Petitioner was not persecuted on account of her family; related issues.
United States v. Richard Haas ( Payne ) other issues.
Whether district court erroneously applied U.S. Sentencing Guidelines Manual §§ 2G2.1(b)(1)(A), 4B1.5(b) for offense involving minor and absent covered-sex-crime-derived Guidelines range;
Devion Gentry v. A. Robinson
Whether district court correctly granted Defendants summary judgment on Plaintiff's claims arising out of enforcement of prison grooming policy over religious objection.
Juan Carlos Blanco Ayala v. United States of America
Whether district court erred by dismissing plaintiff's claims against DHS arising out of his detention and removal as barred by FTCA's discretionary function exception.
Hester Prynne v. Gary Settle
Whether district court erred by dismissing claims that application of Virginia Sex Offender Registry Act violated Ex Post Facto and Due Process Clauses.
United States v. Kevin Seigler
Whether the verdict form and instructions were confusing to the jury; other issues.
J. Beatley v. Charles Ayers, Jr.
Multiple issues arising out of bench trial on breach of contract and fraudulent inducement claims.
October 30, 2020
United States v. Antonio Simmons
Whether RICO conspiracy with murder as special sentencing factor was crime of violence under 18 U.S.C. § 924(c); other issues on cross-appeal.
United States v. Jose Ramos Cabrera
Whether USSG § 2D1.1(b)(1) firearm enhancement is sustainable where evidence shows the only gun was present during drug offense separate from underlying conviction; other issues.
Tanner Hirschfeld; Natalia Marshall v. Bureau of Alcohol, Firearms, Tobacco & Explosives; Marvin Richardson, Acting Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; Merrick B. Garland, Attorney General
Appeal from district court's dismissal of appellants' constitutional challenge to restrictions in 18 U.S.C. § 922 on the sale of handguns to persons under 21.
United States v. Craig Pulley
Whether district court properly determined that false information and material omissions were not recklessly included in search warrant applications.
United States v. Justin Wilson
Sufficiency of evidence supporting finding that Wilson intended to cause death or serious bodily harm for carjacking conviction, where Wilson knew gun was not loaded.
United States v. Andres Ayon-Brito
Whether Eastern District of Virginia was appropriate venue for illegal reentry prosecution where indictment charged Defendant was found in Pennsylvania.
United States v. Michael Lester
Whether the district court erred in applying a Guidelines enhancement and failing to address defendant's sentencing arguments; whether the sentence is substantively reasonable.
United States v. Christian Allmendinger
Whether, at resentencing, the district court properly considered the defendant's postsentencing rehabilitation evidence; other issues.
United States v. Precias Freeman
Whether Freeman's sentence is substantively reasonable; whether counsel provided ineffective assistance at sentencing.
United States v. Rayco Bethea
Whether district court erred in failing to apply provisions of First Step Act in reimposing judgment on habeas motion to allow direct appeal.
United States v. Robert Ellis
Whether imposing an Internet ban as a supervised release condition for sex offenders constitutes substantive sentencing error; other issues.
United States v. Ronald Collins ( Berger ) (2019).
Whether the court properly rejected Collins' constitutional challenges to 18 U.S.C. § 922(g)(4); whether sufficient evidence supported Collins' conviction following Rehaif v. United States, 139 S. Ct. 2191
United States v. Logan McCauley Other
Whether motion for judgment of acquittal was proper in trial for production of child pornography. issues.
November 2, 2020
United States v. Christopher Singletary
Whether the district court adequately explained its reasons for imposing special conditions of supervised release; other issues.
United States v. Michael Young, Jr.
Whether the definition of "an explosive," as contained in 18 U.S.C. § 1716(a), encompasses a "bomb" that the FBI designed to not explode; other issues.
United States v. Frank Purpera, Jr.
Whether the Government's investigation of defendant's attorney for witness tampering created a conflict of interest warranting reversal of defendant's convictions; other issues.