May 4, 2021
United States v. Lexy Herrera-Pagoada
Whether the immigration judge's failure to advise alien of the possible relief of voluntary departure invalidates the removal order; related issues.
In re: Precious Oliphant
Whether defendant preserved objections to magistrate judge's summary contempt order.
Timothy Edgar v. Avril Haines
Whether district court erred by dismissing claims that prepublication review policies of federal agencies violated First and Fifth Amendments; standing.
Servando Galvan v. Merrick Garland
Whether this Court retains jurisdiction to review agency's hardship determination under 8 U.S.C. § 1252(a)(2)(D).
United States v. Marion Campbell
Whether district court erred in admitting defendant's recorded telephone conversations; other issues.
Kyle Dawson v. Washington Gas Light Company
Whether the district court erred by granting summary judgment in favor of Defendants on Plaintiff's discrimination, retaliation, and hostile work environment claims.
Elvis Cardenas-Martinez v. Merrick Garland
Whether counsel was ineffective in removal proceedings; whether denial of motion to reopen was abuse of discretion.
Fredric Eshelman v. Puma Biotechnology, Inc.
Whether district court erred by concluding that statements were defamatory per se; additional issues related to personal jurisdiction, excessive damages, and attorney's fees.
Ingrid Nolasco-Figueroa v. Merrick Garland
Propriety of denying relief based on failure to proffer family members' corroborating statements when circuit precedent supports the agency discrediting the same; other issues.
Michael Zito v. N.C. Coastal Resources Comm. Amendment
Whether Knick v. Township of Scott, 139 S. Ct. 2162 (2019), calls into question state's Eleventh immunity against takings claims.
May 5, 2021
Felix Moreno-Osorio v. Merrick Garland
Whether single death threat by armed gang members amounts to past persecution.
United States Ex Rel. Anham Fzco; United States Ex. Rel Asadullah Saderkhail v. Supreme Foodservice, Gmbh; Supreme Group USA LLC; Sader Al Khail General Trading, LLC; Stephen C. Orenstein; Soren Borup Norgaard; Haji Obaidullah Sade Khail
Propriety of district court's dismissal of qui tam action under False Claims Act alleging fraudulent conduct by government contractor.
State of North Carolina, Ex Rel.; Elizabeth S. Biser; North Carolina Department of Environmental Quality, Division of Air Quality v. United States of America; United States Department of the Navy; United States Marine Corps; Marine Corps Air Station Cherry Point
Whether Clean Air Act, 42 U.S.C. § 7604(e), bars federal government from removing state air-pollution enforcement action to federal court; other issues.
Charles Plymail v. Patrick Mirandy
Whether petitioner's constitutional rights were violated by the delay in adjudicating direct appeal, trial court's coercive remarks to the jury, and prosecutor's closing arguments.
United States v. Anthony Caldwell
Whether court erred by permitting attorney to represent Government witness when Defendant had been represented by attorney in same office on related matters; other issues.
Christopher Lightfoot v. Georgia-pacific Wood Products, LLC; Georgia-pacific LLC
Whether Defendants had duty to warn Plaintiff of danger of developing sinonasal cancer from exposure to wood dust; other issues.
American Fed Gov. Emp. v. Office of Special
US ex rel. Stephen Gugenheim v. Meridian Medicaid
Appeal from dismissal of qui tam action under False Claims Act alleging that adult care homes committed fraud related to claims for personal care services.
Carey Hixson v. Michael Moran
Whether district court adjudicated Hixson's deliberate indifference claim as it pertained to Moran's failure to prescribe non-insulin medication; other issues.
Sharon Bauer v. Marc Elrich
Whether 8 U.S.C. § 1621 may be enforced by private litigants under Maryland's taxpayer-standing doctrine; subject matter jurisdiction; additional issues.
Chelsea Eline v. Town of Ocean City, Maryland
Whether ordinance prohibiting public display of female breast is constitutional; evidentiary and other issues related to grant of summary judgment in city's favor.
Tina Smith v. Csra; Merrick B. Garland, Attorney General
Whether the district court erred in granting Defendant summary judgment on Plaintiff's disability discrimination and retaliation claims; other issues.
United States v. Tekoa Glover
Whether district court violated Sixth Amendment by failing to appoint replacement counsel at plea withdrawal hearing.
May 6, 2021
North Carolina Department of Environmental Quality v. Federal Energy Regulatory Commission
Mitch Yawn v. Dorchester County
Propriety of district court's determination that Takings Clause was not implicated because defendant was exercising police power and not power of eminent domain.
United States v. Gary Curbow
Whether appellant was ineligible for civil commitment under 18 U.S.C. § 4246 because government's commitment certificate was untimely; application of United States v. Wayda, 966 F.3d 294 (4th Cir. 2020).
Biejan Arvon v. Liberty Mutual Fire Insurance
Whether the district court erred by granting summary judgment to Defendant insurer on Plaintiff's claims that insurer misrepresented or concealed the at-fault party's identity.
Amy Bryant v. Jim Woodall
Whether district court erred by finding that medical providers had standing to challenge constitutionality of state statute restricting access to abortions after twenty weeks.
German Nolasco v. Merrick Garland
Whether substantial evidence supports the finding that the particular social group is not socially distinct; related issues.
AmGuard Insurance Co v. SG Patel and Sons II
Whether interested stakeholder's citizenship may be used to create diversity for jurisdictional purposes in statutory interpleader suit.
James Desper v. Harold Clarke
Whether district court erred in dismissing prisoner's complaint challenging denial of in-person visitation with his minor daughter.
Zetia (Ezetimibe) Antitrust v. Merck & Company, Inc.
Challenge to district court's order approving certification of the direct purchaser class in pharmaceutical antitrust case.
Mark Wright v. Harold Clark
Whether counsel was ineffective for allowing jury instruction that included crime that was not lesser included offense of charged crime; other issues.
Lorenzo Pledger v. Loretta Lynch
Applicability of West Virginia's certificate-of-merit requirement to FTCA medical negligence claim; propriety of grant of summary judgment to Defendants on inmate's deliberate indifference claim.
Drummond Coal Sales v. Norfolk Southern
Cross-appeals challenging district court's orders upholding jury's verdict on breach-of-contract claim and denying request for rescission of contract; statute of limitations.
Sammie Stokes v. Bryan Stirling
Conflict of interest and ineffective assistance of counsel challenges to state capital conviction and sentence.
May 7, 2021
United States v. Maximo Gondres-Medrano
Whether seizure of drugs from vehicle stopped to execute immigration warrant violated Fourth Amendment; other issues.
United States v. Richa Narang
Whether previously dismissed counts were properly reinstated under 18 U.S.C. § 3296; sufficiency of the evidence.
Peter Vlaming v. West Point School Board
Propriety of determination that Title IX was not a "law providing for equal rights" that would provide basis for removal jurisdiction under 28 U.S.C. § 1443(2).
United States v. Robert Stencil
Whether the district court erred in determining that the vulnerable victim sentencing enhancement applied; related issues.
United States v. Santario Boyd
Whether district's standard conditions of supervised release, including special conditions listed in USSG § 5G1.3, were sufficiently narrowly tailored to appellant's circumstances.
United States v. Marysa Comer
Whether special condition of supervised release constitutes unlawful delegation of judicial authority; other issues.
Dakota Nelson v. Mac Warner
Whether district court lacked subject matter jurisdiction over challenge to West Virginia's ballot order statute based on justiciability and standing; whether statute is unconstitutional.
United States v. Rodrigo Martinez-Mendoza
Whether court erred in denying motion to dismiss indictment under 8 U.S.C. § 1326(d).
United States v. Alan Williams
Whether district court failed to make individual assessment when imposing sentence; other issues.