Richmond, VA
December 7–11, 2020
December 7, 2020
Legacy Data Access, Inc. v. Cadrillion, LLC
Whether district court committed evidentiary errors warranting a new trial on damages for breach of contract; issues regarding attorney's fees.
United States v. Dennis Sturdivant
Whether trial counsel rendered ineffective assistance that is apparent from the face of the record.
December 8, 2020
United States v. Timothy McDonald
Whether district court erred in failing to address Defendants' mitigating arguments when deciding motions for sentence reduction under § 404 of First Step Act.
United States v. Daniel Harris
Jurisdictional challenge to conviction for using a facility of interstate commerce to entice a minor to engage in criminal sexual activity under 18 U.S.C. § 2422(b).
Arthur Hairston, Sr. v. Department of Veterans Affairs
Whether district court had jurisdiction over claim for veteran's benefits; if so, whether exhaustion was required.
Yasmin Reyazuddin v. Montgomery County, Maryland
Whether employee is a "prevailing party" under 29 U.S.C. § 794a (2018) when there is no court-ordered change in the legal relationship between the parties.
John P. Fitzgerald, III v. Alfred H. Siegel
Cross-appeals from bankruptcy court's ruling regarding constitutionality of amended quarterly fee statute, 28 U.S.C. § 1930(a)(6), that increased fees payable to U.S. Trustees.
United States v. Dawn Bennett
Whether 18 U.S.C. § 371 is a qualifying predicate under the forfeiture statute; related issues.
Matthew Horner v. Jeffery Nines
Appeal from district court's grant of habeas corpus relief to state prisoner.
National Audubon Society v. US Army Corps of Engineers
Propriety of district court's ruling that Environmental Impact Statement and permitting of decision did not violate National Environmental Policy Act and Clean Water Act.
George Wingate v. Scott Fulford
Whether there was reasonable suspicion to stop and probable cause to arrest appellant; applicability of qualified immunity.
Southern Appalachian Mountain Stewards; Appalachian Voices; Sierra Club v. Red River Coal Company, Incorporated
Whether district court erred by determining that § 702(a) of the Surface Mining Control and barred plaintiffs' claims.
United States v. Hunter Dent
Whether district court erred by determining that bank accounts were assets subject to supersedeas appeal bond; whether court's order is final and appealable.
US, et.al v. Latonya Mallory
Multiple issues arising from judgment against defendants following jury trial on government's claims under False Claims Act.
United States v. Angel Vasquez Flores
Whether defendant's removal hearing was fundamentally unfair, requiring dismissal of his illegal reentry charge; scope of immigration judge's duty to develop the record.
Miguel Arevalo-Quintero v. William Barr
Whether IJ has heightened duty in pro se cases to develop the record to determine whether facts presented fit within a cognizable particular social group.
December 9, 2020
Jose Obando-Segura v. William Barr
Whether the Equal Access to Justice Act applies to non-criminal immigration habeas proceedings.
United States v. James Pressley
Whether district court erred in denying 2255 motion alleging counsel was ineffective in failing to file a motion to suppress.
Vernon Norman Earle v. Shreves, C/o; J. Rivera, Unit Manager for M-Unit at Fci Hazelton; R. Domas, Unit Manager for L-Unit; D. Washington, Operating Lieutenant; Mr. Gonoundy, [sia] Special Investigative Agent; Mr. Breckon, Assistant Warden of Operations; Rachel Thompson, Administrative assistant/Remedy Coordinator; Jennifer Saad, Warden of Fci Hazelton; K. Kelly, Captain of Fci Hazelton; A. Gyorko, Case manager for Unit N-2 and for Plaintiff Directly; C. T. Pulice, Case Manager Coordinator; J. F. Caraway, Mid-Atlantic Regional Director; Ian Connors, National Inmates Appeals Administrator; Mr. Squires, [sis] special investigative Service Lieutenant
Whether Bivens remedy is available in light of Ziglar v. Abbasi, 137 S. Ct. 1843 (2017); propriety of grant of summary judgment; other issues.
United States v. Juan Velasquez-Canales
Whether the district court erred when it imposed offense level increase, pursuant to U.S. Sentencing Guidelines Manual § 2L1.2(b)(3)(C); other issues. 15-minute case.
Lakenisha Dowling v. Commissioner of Social Security Administration
Whether substantial evidence supports ALJ's assessment of treating physicians' opinions and claimant's subjective statements; whether ALJ sufficiently explained claimant's residual functional
Ruth Akers v. Maryland State Education Assoc
Whether private defendant in § 1983 action may assert good-faith defense based on reliance on presumptively valid law that is later deemed unconstitutional.
Variety Stores, Inc v. Walmart Inc.
Cross-appeals from jury's finding of willful trademark infringement, district court's reassembly of jury for remedies trial, damage award, dismissal of state law claim.
Antonio Bilotta v. Andrew Saul
Whether there is an apparent conflict between the acknowledgment of Billotta's inability to read and write in English and the Vocational Expert's testimony. 15-minute case
National Veterans Legal Services Program v. United States Department of Defense; Lloyd J. Austin, Iii
Whether Defendant's decision to remove and failure to repost its Boards' decisions in Reading Room constituted an "agency action" under Administrative Procedures Act; other issues.
Shawna Lemon v. Myers Bigel, P.A.
Whether district court erred in finding Appellant failed to sufficiently plead that she was an employee under Title VII; other issues.
December 10, 2020
United States v. 269 Acres Located in Beaufort
Whether district court erred in determining amount of just compensation owed to landowners for taking of easement; additional issues on cross-appeal.
David Goodman v. Z. Diggs
Whether district court erred in disregarding claims in verified complaints incorporated by reference in amended complaint and in denying discovery before summary judgment.
Michael Jones v. Lowe's Companies, Inc.
Whether district court correctly granted summary judgment to employer on Plaintiff's race discrimination claim, brought pursuant to 42 U.S.C. § 1981; other issues.
Anthony M. Sesay; Mabinty Sesay v. United States of America; Jeffrey A. Rosen, Acting United States Attorney General; Chad Wolf, Acting Secretary of the Department of Homeland Security; Michael R. Pompeo, Secretary of State; Maria E. Brewer, Ambassador of the United States in Freetown, Sierra Leone; Number 1 Jane Doe, Employee of U.s. Government and Adjudicating Officer at U.s. Embassy in Freetown, Sierra Leone
Applicability of the doctrine of consular nonreviewability; propriety of district court's "bad faith" analysis under this doctrine; other issues.
Darek J. Kitlinski; Lisa M. Kitlinski v. United States Department of Justice, Drug Enforcement Administration As to Privacy Act Claims; Merrick B. Garland, Attorney General
Propriety of order granting summary judgment to employer on retaliation claims under the Uniformed Services Employment and Reemployment Rights Act; other issues.
United States v. Travis Croft
Whether South Carolina carjacking is a violent felony under the force clause of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(2)(B)(i).
Western Star Hospital Authority Inc v. City of Richmond, Virginia; Richmond Ambulance Authority
Appeal from district court's dismissal of antitrust claims based on state action immunity doctrine and refusal to apply market-participant exception to immunity.
Fred Halcomb, Jr. v. Tamarra Ravenell
Appeal from denial of qualified immunity to classification committee chairperson on due process claim arising from inmate's placement in security detention.
United States v. Jules Bartow
Whether Bartow used "fighting words" outside the protection of the First Amendment.
Chazz J. Roberts v. Glenn Industrial Group, Inc.; Glenn Underwater Services, Inc.; Glenn Underwater Services, LLC
Whether plaintiff could demonstrate same sex sexual harassment under Oncale v. Sundowner 523 U.S. 75 (1998); other issues.
Public Interest Legal v. NC State Board of Elections
Whether district court erred by dismissing action under National Voter Registration Act seeking of disclosure of public voting records.
Maria Arita-Deras v. William Barr
Whether substantial evidence supports the finding that the Petitioner insufficiently corroborated her claim; related issues.
December 11, 2020
United States v. Terry White
Whether United States v. Winston (holding Virginia common law robbery not crime of violence under force clause), remains good law following Stokeling v. United States.
United States v. Bijan Rafiekian
Government appeal from district court's grant of post-verdict motions for judgment of acquittal and for new trial; multiple issues.
United States v. Christopher Goins, Jr.
Whether claim under United States v. Hodge was preserved; whether district court erred in finding that PSR's statement of ACCA predicates was typographical error.
United States v. Kevin Shea
Propriety of district court's imposition of conditions of release on appellant upon his release from civil commitment under the Adam Walsh Act.
United States v. Bobby Kobito
Whether district court erroneously found defendant possessed silencer in connection with another felony offense for Sentencing Guidelines enhancement; other issues. 15-minute case.
Beckley Oncology Associates, Inc v. Rami Abumasmah, M.d
Whether parties can contractually waive judicial review of arbitration award governed by Federal Arbitration Act; whether district court erred in denying motion to vacate award.
United States v. Kelvin Johnson
Whether the Government failed to preserve and disclose exculpatory evidence; other issues.
United States of America v. Wayne Thomas Burnley
Propriety of enhancements for leadership role and reckless endangerment during flight Burnley enhancement; sufficiency of findings. 15-minute case.