March 9, 2021
Andrew J. Billups, Iii v. United States of America
Whether personal injury claim based on soundwaves falls under exception to waiver of sovereign immunity under Federal Tort Claims Act § 2680(h); other issues.
United States v. Marcus Crawley
Validity of § 924(c) conviction for brandishing firearms during and in relation to conspiracy to commit Hobbs Act robbery and drug trafficking crime.
Darrell Connor v. Covil Corporation
Whether Plaintiff was frequently, regularly, and proximately exposed to asbestos attributable to Defendant.
Kimberly Triplett v. Andrew Saul
Propriety of ALJ's conclusion that claimant did not have a severe medical impairment. 15-minute case.
Courthouse News Service v. George Schaefer
Challenge by court clerks to district court's ruling in favor of news service regarding its right of contemporaneous access to new civil court complaints.
United States v. Cordarrell Johnson
Whether reinstatement of vacated 18 U.S.C. § 924(c) counts based on different predicates violates the Double Jeopardy Clause.
Episcopal Church in SC v. Church Insurance Company of VT
Whether Appellant had standing to bring claims related to breach of contract and fiduciary duty by captive insurer; whether discovery was necessary.
W. S. v. Cassandra Daniels
Cross-appeals raising multiple issues related to district court's rulings regarding set-off of damage awards, application of Parratt-Hudson doctrine, attorney's fees, other issues.
County Bd of Arlington Co. v. Express Scripts
Whether the district court erred by determining that defendants did not satisfy the "acting under" provision of the federal officer removal statute.
United States v. Christopher Lancaster
Whether district court must apply nonretroactive changes to Sentencing Guidelines when considering motion for sentence reduction under First Step Act.
Jean Pugin v. Robert M. Wilkinson
Whether the Virginia offense of accessory after the fact is an offense relating to obstruction of justice under 8 U.S.C. § 1101(a)(43)(S); related issues.
James Richardson v. Joyce Kornegay
Whether state court rulings upholding exclusion of expert testimony and denying racial animus claim contravened federal law; propriety of procedurally barring ineffective assistance claim.
Mikal Mahdi v. Bryan Stirling
Appeal from denial of relief on state habeas corpus challenge to capital sentence imposed following guilty plea.
March 10, 2021
United States v. Timothy Hardin
Whether Tennessee statutory rape qualifies as predicate offense under 18 U.S.C. § 2252A(b)(1); sufficiency of explanation of term and conditions of supervised release.
Svetlana Lokhova v. Stefan Halper
Whether district court erred by dismissing defamation claims as time-barred based on single publication rule; other issues; cross-appeal from denial of sanctions.
Michael Walker v. B. Donahoe
Challenge to ruling that officer had reasonable suspicion, under totality of the circumstances, to detain appellant, who was openly carrying an AR-15 rifle.
Stephanie Morris v. Lincoln National Life Ins.
Whether the plan administrator's decision denying benefits was reasonable and supported by substantial evidence.
Robert Schmidt v. FCI Enterprises LLC
Whether district court erred in its interpretation of Worker Adjustment and Retraining Notification Act's definitions of plant closing, single site of employment, and employer.
Daniel Patrick v. Robert M. Wilkinson
Challenge to ruling dismissing for lack of standing plaintiff's claims challenging President's use of Federal Vacancies Reform Act to designate employee as acting officer; other issues.
United States v. Anthony High
Whether district court abused its discretion in denying First Step Act motion for compassionate release on the sole basis that the § 3553(a) factors cautioned against relief without addressing arguments favoring relief.
Patrick Marlowe v. Warden, FCI Hazelton
Whether Sixth Circuit's actual innocence requirement for § 2255(e) savings clause is substantive law applicable to § 2241 petitioner convicted in that circuit; other issues.
Michael Livingston v. SC Dept. of Social Services
Multiple issues arising from district court's grant of defendants' Rule 59(e) motions and grant of summary judgment to defendants on plaintiffs' malicious prosecution claims.
United States v. David Garcia
Whether vehicle search was valid as a search incident to arrest or under the automobile exception.
United States v. Marcio Santos-Portillo
Whether a violation of 8 U.S.C. § 1357 implicates Fourth Amendment interests; whether widespread statutory violations permit use of court's supervisory authority to suppress evidence.
Michael Billioni v. Bruce Bryant
Whether district court erred by granting summary judgment in favor of Defendant sheriff in terminated officer's First Amendment action.
March 11, 2021
Justin Fairfax v. CBS Corporation
Cross-appeals from district court's order dismissing claims of defamation by elected public official and denying defendant's request for attorney's fees.
Friends of the Capital C.T. v. United States Army Corps
Challenge to issuance of permit by U.S. Army Corps of Engineers to Maryland Transit Authority pursuant to § 404 of the Clean Water Act.
Bonnie Peltier v. Charter Day School, Inc.
Propriety of district court's rulings that charter school's uniform policy requiring girls to wear skirts violated the Equal Protection Clause but not Title IX.
Va. Hospital & Healthcare v. Karen Kimsey
Whether the district court erred by dismissing for lack of standing plaintiffs hospital associations' Takings Clause and preemption claims.
Columbia Insurance Company v. Christopher Kamil Waymer
Sonia Perez Vasquez v. Robert M. Wilkinson
Whether substantial evidence supports the finding that the Petitioner's fear of persecution was not on account of her family ties; related issues.
Jane DiCocco v. Jeffrey Rosen
Whether the plaintiff has standing to pursue discrimination claims predicated on the Federal Bureau of Prisons' physical abilities test.
United States v. Philip Friend
Reasonableness of 52-year sentence imposed on remand upon defendant who was fifteen when he committed the offenses.
Maxwell Kadel v. N.C. State Health Plan
Whether district court erred by concluding that state waived its sovereign immunity by accepting federal funds.
Andrea Sardis v. Overhead Door Corporation
Multiple issues on appeal arising from jury verdict for plaintiff in wrongful death products liability action.
Douglas Leke v. Robert M. Wilkinson
Whether substantial evidence supports the agency's adverse credibility determination.
Farhan Warfaa v. Yusuf Ali
Whether district court erred, at summary judgment, in equitably tolling statute of limitations applicable to Somali national's Torture Victim Protection Act claims.
March 12, 2021
United States v. Kelly Miltier
Whether unknowing distribution of child pornography precludes application of a two-level reduction under U.S. Sentencing Guidelines Manual § 2G2.2(b)(1).
United States v. Christopher Hasson
Whether § 922(g)(3) is void for vagueness on its face; whether facial challenge permitted in absence of as-applied challenge; application of USSG § 3A1.4 terrorism enhancement.
Wikimedia Foundation v. National Security Agency/central Security Service; General Paul M. Nakasone
Whether Wikimedia established a genuine issue of material fact as to its standing to challenge National Security Agency's Upstream surveillance program; state-secrets privilege.
United States v. Jon Frank
Whether ERISA-protected assets can be garnished by the government to satisfy a restitution order.
United States v. Gerald Boutcher
Whether restitution and forfeiture orders exceed district court's authority; whether waiver precludes appeal.
United States v. Amar Abed
Constitutionality of 360-month upward variant sentence selected after vacating defendant's § 924(c) conviction and the related 30-year mandatory, consecutive sentence; procedural reasonableness of sentence.
United States v. Keyon Paylor
Whether district court erred in determining that petitioner failed to establish that arresting officer's public corruption convictions rendered his plea involuntary.
United States v. Marcus Moody
Sufficiency of the evidence to support drug and firearm convictions; propriety of jury instructions under Rosemond and Rehaif.
United States v. Gustavo Perez-Paz
Whether 8 U.S.C. § 1326 is constitutional; related issues.
United States v. Samuel Kerr, II
When appeal period begins to run in § 2255 proceeding when order grants all requested relief but resentencing on unchallenged count has not occurred.