May 3, 2022
Gary Wall v. E. Rasnick
Sufficiency of the evidence after bench trial on excessive force and related claims; whether district court erred in denying spoliation motion.
Zoila Sorto-Guzman v. Merrick Garland
Whether single death threat on account of religion amounts to persecution; other issues.
United States v. David Miller
Whether district court sufficiently inquired into appellant's wife's invocation of Fifth Amendment privilege against self-incrimination; sufficiency of the evidence; validity of indictment.
United States v. Brooks Lesane
Whether coram nobis relief is available to challenge 18 U.S.C. § 922(g) conviction under United States v. Simmons, 649 F.3d 237 (4th Cir. 2011) (en banc).
Tyrone Henderson, Sr. v. The Source
Whether § 230 of the Communications Decency Act immunizes consumer reporting agency from for Public liability under the Fair Credit Reporting Act.
Justice 360 v. Bryan Stirling
Whether South Carolina statute prohibiting disclosure of certain execution protocols violates appellant's First Amendment free speech rights; related issues.
United States v. Lance Whitaker
Whether Whitaker established judicial vindictiveness when district court declined to reduce supervised release term after appeal of partial grant of First Step Act relief.
Teresa Lavis v. Reverse Mortgage Solutions Inc ( Berger ) Truth in Lending Act.
R.A. v. Brady Johnson
Whether public school administrators are entitled to public official immunity for their failure to report an incident in which a teacher allegedly put a student in a trash can.
William Garey v. James S. Farrin, P.C.
Whether lawyers violated Driver's Privacy Protection Act by obtaining drivers' information for advertising purposes.
Kasey Roberts v. Gestamp West Virginia, LLC
Whether district court erroneously determined that Plaintiff failed to notify Defendant of his need for FMLA leave; other issues.
Dianna Nidy v. U.S. Bancorp
Whether district court correctly concluded that Defendants did not owe contractual or other duty to Plaintiff; other issues.
Saudia Scott v. Old Navy, LLC
Whether the district court erred in granting summary judgment in favor of Defendants on claims of negligence and false imprisonment; other issues.
Eddah Gachuma v. Merrick Garland
Whether the Board abused its discretion in denying the motion to reconsider.
Berman Justus, Jr. v. Harold Clarke
Whether petitioner was entitled to equitable tolling on his § 2254 petition due to mental illness.
Nco Financial Systems, Inc., now known as Egs Financial Care, Inc v. Montgomery Park, LLC
Whether district court erred on remand in assessing reasonableness of lessor's efforts to relet commercial property after breach and in determining lessor's damages; related issues.
May 4, 2022
Summer Sowash v. Marshalls of MA, Inc.
Whether district court erred granting summary judgment, concluding appellant could not prove "severe or pervasive" conduct under Title VII; related issues.
Susan Weber v. Department of Veterans Affairs
Propriety of Merit Systems Protection Board's conclusion that employer would have terminated plaintiff's employment absent her whistleblowing activity.
Siobhan Morrow v. Navy Federal Credit Union ( O'Grady ) accountholders who never left the United States.
Whether contract authorizing foreign transaction fees on "point-of-sale and ATM transactions made in foreign countries" unambiguously permits foreign transaction fees on transactions made by
Damian Stinnie v. Richard Holcomb
Whether plaintiff qualified as prevailing party entitled to attorney's fees based on district court's grant of preliminary injunction.
United States v. Antwan Heyward
Whether defendant's 18 U.S.C. § 922(g)(1) conviction is invalid in light of Rehaif v. United States, 139 S. Ct. 2191 (2019); other issues.
US Methanol, LLC v. CDI Corporation
Whether district court erred in interpreting staffing contract; whether gist of the action doctrine barred tort claims; other issues.
Senderra RX Partners, LLC v. Blue Cross and Blue Shield of North Carolina
Propriety of grant of summary judgment on claims under N.C. Gen. Stat. § 58-51-37 (pharmacy of choice statute); other issues.
Edd Potter Coal Company, Incorporated v. Director, Office of Workers’ Compensation Programs, United States Department of Labor
Jacoby Garrett v. Harold Clarke
Whether qualified immunity precludes suit against correctional facility management for requiring technology staff member to take random controlled substance test; other issues.
United States v. Dereck McClellan
Propriety of district court's grant of summary judgment to Government in civil action for forfeiture of $69,940.50 in United States currency.
Eli Lilly and Company v. Novartis Pharma AG
Challenge to order denying an application under 28 U.S.C. 1782 to obtain discovery in the United States for use in foreign proceedings.
United States v. Montana Barronette
Consolidated direct appeal by eight defendants following six-week jury trial; multiple issues including challenges to pretrial and evidentiary rulings, sentencing, and sufficiency of evidence.
SEC v. Mark Johnson
Whether district court erred in holding control person defendant jointly and severally liable for disgorgement in SEC civil enforcement action; other issues.
Diana Houck v. LifeStore Bank
Whether district court lacked subject matter jurisdiction for claims under 11 U.S.C. 362(k); whether this court lacks jurisdiction to review order dismissing claims.
Lawrence Wiebusch v. Commissioner, Social Security Administration
Propriety of Appeals Council's decision to exclude claimant's new evidence from record; other issues.
Rodolfo Tinoco Acevedo v. Merrick Garland Immigration Judge
Whether BIA's decision conflicts with In re Y-S-L-C-, 26 I. & N. Dec. 688 (B.I.A. 2015); whether the contravened petitioner's due process rights.
United States v. Bonifacio Sanchez ( Moon ) criminal indictment.
United States v. Derick Fallin
Whether, after United States v. Davis, 139 S. Ct. 2319 (2019), movant may obtain § 2255 relief from career offender designation.
May 5, 2022
Redstone International, Inc. v. Liberty Mutual Fire Insurance
Multi-issue challenge to dismissal of action, including choice of law dispute and related issues.
Naturaland Trust v. Dakota Finance LLC
Whether district court erred in finding that plaintiffs were barred from bringing a Clean Water Act citizen suit; other issues.
United States v. Ronnie Montgomery
Whether district court erred in applying sentencing enhancement under USSG § 2K2.1(b)(6)(B) and cross referencing 2B2.1 (burglary).
United States v. Thomas Combs
Whether district court plainly erred in failing to disclose and then considering ex parte statements made by defendant's ex-wife prior to revocation hearing.
United States v. Dewan Garris
Propriety of warrantless search of backpack and multiple conditions of supervised release; other issues.
United States v. Chandler Gist-Davis
Whether the district court erred in denying motion to suppress based on a finding of reasonable suspicion.
United States v. David Orozco
Whether officers lacked probable cause to search appellant's cell phone and micro secure digital (SD) cards.
United States v. Ricky Runner
Whether district court erred in finding that a glass pipe, without other evidence of related controlled substance use, supported probable cause to search vehicle.
United States v. Tracy Brown
Whether district court erred in refusing to grant new trial when a juror alleged other jurors intimidated and harassed him to influence verdict.
United States v. Demetrice Devine
Propriety of denial of motion to sever; whether the imposed maximum, consecutive sentences were multiplicitous and/or violated double jeopardy; other issues.
United States v. Keith Nelson
Whether the district court reversibly erred when it ordered that revocation sentence be followed by five years' supervised release; other issues.
United States v. Nikia Tull
Whether district court erred in ruling that tax violations and wire fraud offenses were properly joined in indictment; other issues.
United States v. Andrew Powers
Adequacy of venue allegation for wire and mail fraud charges; whether district court reversibly erred in failing to consider policy challenge to fraud Guidelines.
United States v. Leroy Goodwin
Whether, under the First Step Act, a district court may consider § 401's non-retroactive amendments when imposing a new sentence under § 404.
Edwin Garcia Rogel v. Merrick Garland
Jurisdiction to review denial of cancellation of removal for lack of moral character under "catch-all" provision in 8 U.S.C. § 1101(f).
Robert F. Zachariasiewicz v. U.s. Department of Justice; Merrick B. Garland, U.s. Attorney General
Whether the district court erred in dismissing Appellant's Merit Systems Protection Board appeal for lack of jurisdiction.