October 27, 2021
Marvin Miranda v. Merrick Garland
Whether district court erred granting preliminary injunction in favor of immigration detainee challenging constitutionality of immigration court's § 1226(a) bond hearing procedures.
Jeffery Stanton v. Cory Elliott
Whether district court erred in finding qualified immunity precluded liability for fatal shooting by law enforcement officer; related issues.
Haritha Nadendla v. WakeMed
Whether trial court erred in finding appellant failed to state a claim for race discrimination under 42 U.S.C. § 1981; related issues.
Bruce Berg v. Kingdom of the Netherlands
Whether entities are political subdivisions of Netherlands under Foreign Sovereign Immunities Act; personal jurisdiction; standing; other issues.
PETA v. NC Farm Bureau
Whether North Carolina's non-criminal "Anti-Sunshine Law" violates First and Fourteenth Amendments.
DENC, LLC v. Philadelphia Indemnity Ins.
Whether insurance policy's collapse endorsement provided coverage for loss caused by breezeway that cracked and shifted downward by one foot; other issues.
Blissful Enterprises, Inc., trading as Comfort Inn & Suites - Edgewood v. Cincinnati Insurance Company
Whether loss from damage to underground pipe was covered under policy or coverage endorsements; other issues.
United States v. Ardit Ferizi
Whether district court abused its discretion in granting defendant's motion for compassionate release in light of factual record.
Lighthouse Fellowship Church v. Ralph Northam
Whether Eleventh Amendment precludes suit against Virginia governor for alleged violations of federal law related to now-lifted COVID-19 restrictions; related issues.
In re: Capitol Broadcasting Co.
Media challenge to denial of intervention and sealing of district court record.
Harry Pennington, III v. Fluor Enterprises, Inc.
Whether appellees qualified as an employer required to give notice to employees prior to plant shutdown under WARN Act.
Brad Faver v. Harold Clarke
Whether the magistrate judge erred in finding that single vendor policy was least restrictive means under RLUIPA for VDOC to further compelling interests.
Tracy Sempowich v. Tactile Systems Technology
Whether district court erred in weighing evidence to grant summary judgment, comparing differing wage rates among comparators in Equal Pay Act claim; related issues.
United States v. Dwight Jenkins
Whether denial of compassionate release was procedurally unreasonable when district court explained its rationale via memorandum after appellant's time for noticing appeal had expired.
Riccy Funez-Munguia v. Merrick Garland
Whether substantial evidence supports the finding that the Petitioner failed to show a nexus to a protected ground; related issues.
Jeffery Moore v. Equitrans, L.P.
Whether district court erred in granting judgment sua sponte in favor of appellees; related issues.
October 28, 2021
Pia McAdams v. Nationstar Mortgage
Whether district court erred in granting final approval to class action settlement.
New River Electrical Corporation v. Occupational Safety & Health Review Commission
Western World Insurance Group, Claimant - Appellee, and Guideone National Insurance Company v. Church Mutual Insurance Company
Whether district court improperly granted equitable relief when a contractual remedy was available. Other issues.
United States v. Robert Benton, Jr.
Whether district court may replace Johnson-infirm predicate by counting multiple convictions as multiple predicates when sentencing court counted same convictions as single predicate.
Angela Lawhon v. Alexander Mayes
Whether district court erroneously denied Defendants qualified immunity against Plaintiff's excessive force claim brought pursuant to 42 U.S.C. § 1983; other issues.
Old Dominion Electric Cooperative v. Pjm Interconnection, LLC
Whether district court erred by finding federal question jurisdiction and denying motion to remand case removed from state court.
United States v. Joseph Aberant
Whether district court adequately explained reasons for imposing longer sentence on remand than original sentence.
Junfei Ge v. US Citizenship and Immigration
Whether plaintiff in 8 U.S.C. § 1447(b) naturalization action qualified as prevailing party under Equal Access to Justice Act.
Melissa Knibbs v. Anthony Momphard, Jr.
Whether district court erred by granting qualified immunity to officer on excessive force claim based on use of deadly force; other issues.
Marion Bowman, Jr. v. Bryan Stirling
Ineffective assistance and other challenges to state capital conviction and sentence.
Plumbers & Pipefitters v. Nitro Construction Services
Whether federal common law rule regarding punitive liquidated-damages provisions applies to claims brought pursuant to § 301 of Labor Management Relations Act.
United States Ex Rel. Deborah Sheldon, Executrix of the Estate of Troy Sheldon, United States of America, ex rel v. Allergan Sales, LLC
Whether prescription drug rebate statute is ambiguous such that representations based on an incorrect interpretation cannot qualify as false under the False Claims Act.
Micheall Lyons v. City of Alexandria
Whether district court correctly granted summary judgment to employer on claim of Title VII race discrimination for delaying firefighter's admission into internship required for promotion.
Richard Krueger, Jr. v. Michael Angelos
Whether dispute arising from union trust agreement is arbitrable under § 302(c)(5)(B) of the LMRA.
William Lyons v. PNC Bank
Whether TILA allows lender to compel arbitration related to a home loan dispute under arbitration clause in borrower's deposit account agreement with same lender.
RLI Insurance Company v. Nexus Services, Inc.
Whether district court erred in interpreting contract provisions regarding collateral security in immigration bond surety agreement; related issues.
October 29, 2021
United States v. Cory Boyd
Whether district court erred in finding that previous state conviction qualified as controlled substance offense based on Shepard documents.
K & R Contractors, LLC v. Michael Keene
United States v. Carlos Perez
Whether district court erred in calculating maximum term of supervised release for a violation of 21 U.S.C. § 841(b)(1)(D).
Rosa Ponce-De Ascencio v. Merrick Garland
Whether BIA erred in failing to reach jurisdictional question related to IJ's belated issuance of an oral decision; other issues.
United States v. Joffrey Perez
Whether the district court erred in finding police did not unconstitutionally prolong the duration of a traffic stop pending the arrival of a drug-sniffing canine unit; other issues.
Brian H. Mclane v. Commissioner of Internal Revenue
Whether the tax court has jurisdiction to determine an overpayment or to order a refund or credit of taxes paid in a 26 U.S.C. § 6330 collection due process proceeding.
In re: Application of Newbrook
Whether district court abused its discretion by granting application for judicial assistance to obtain discovery for use in foreign proceeding pursuant to 28 U.S.C. § 1782.
John Wood v. Bryan Stirling
Challenge to state capital conviction and sentence based on ineffective assistance of counsel.
United States v. Lenair Moses
Whether district court erred in classifying appellant's state court conviction as a "prior conviction" supporting career offender enhancement rather than relevant conduct; related issues.
Chawntel McCoy v. Correctional Officer Endicott
Whether use of force against pretrial detainee was objectively unreasonable.
United States v. Donald Dodt
Whether evidence was sufficient to support convictions; other issues.
David S. Brown Enterprises v. Affiliated FM Insurance Co.
Whether district court properly determined the number of occurrences relating to water damage and applicable policy limits; other issues.
Robert Shupe v. Hartford Life & Accident Ins
Whether district court erred by concluding on summary judgment that appellant was not entitled to & Accident Ins long-term disability benefits under ERISA plan; other issues.
United States v. Delton Warren
Whether district court erred in denying motion to suppress evidence obtained pursuant to unsigned search warrant; other issues.
United States v. Mikkel McKinnie
Whether district court erred in finding that death resulted from defendant's distribution of fentanyl and imposing an upward departure or variance.
United States v. Soterio Hope
Whether prior convictions under S.C. Code Ann. § 44-53-445 are divisible as to drug type and therefore amenable to the modified categorical approach; other issues.
Systems Application & Technologies, Inc v. United States of America
Whether district court erred by dismissing Navy contractor's claims for declaratory relief under the Contract Disputes Act for lack of jurisdiction.
Appalachian Voices v. US Dept of Interior
Whether Fish and Wildlife Service's Biological Opinion and Incidental Take Statement appropriately considered pipeline project's impact on wildlife protected by Endangered Species Act.
Wild Virginia v. United States Forest Service
Review of Forest Service and Bureau of Land Management decisions authorizing pipeline crossing of Jefferson National Forest.