Richmond, VA

Whether Bivens remedy presently exists for Eighth Amendment claims alleging unlawful conditions of confinement.

Whether SC statutes prohibiting disturbing schools and engaging in disorderly conduct in schools are unconstitutionally vague.

Whether district court sufficiently explained decision to deny compassionate release; other issues.

Whether the bankruptcy court abused its discretion in imposing sanctions against Delafield.

Whether liability insurer has standing to appeal order confirming joint plan of reorganization; whether appeal is equitably moot.

Whether leases' purchase options obligated Appellees to sell Appellants' real property.

Whether district court plainly erred in exercising jurisdiction over supervised release revocation where Defendant had been transferred to Mexico to complete sentence; related issues.

Whether district court abused its discretion in considering plea agreement a factor in denying compassionate release.

Whether plaintiff is entitled to preliminary injunction in First Amendment challenge to university's bias-incidents policy and informational-activities policy.

Whether trial counsel rendered ineffective assistance by failing to file suppression motion based on Government's allegedly unlawful acquisition of repoll number data.

Whether the district court abused its discretion in dismissing Defendant's Fed. R. Civ. P. 60(b)(3) motion as time-barred.

Challenge to WV Department of Environmental Protection's issuance of Clean Water Act § 401 certification.

Appeal following ten-day jury trial on deliberate indifference claims against warden related to inmate assault by correctional officers, resulting in damages award to inmate.

Whether district court erred in denying qualified immunity to officer involved in fatal shooting.

Whether complaint sufficiently alleged that discharge of dead fish and dredged material in navigable waters violates the Clean Water Act.

Whether district court erred by failing to give defendant notice of negative information considered in imposing First Step Act sentence; other issues.

Whether district court erred in declining to order a competency evaluation or continue sentencing to allow counsel to obtain mental health records.

Whether case considered by ALJ appointed in violation of Appointments Clause should have been assigned to new ALJ on remand; other issues.

Whether victims whose losses included drug proceeds qualify as victims under the Mandatory Victims Restitution Act, 18 U.S.C. § 3663A.

Whether Church stated a claim for RLUIPA and First Amendment violations where County required Church to obtain ABC license to meet on Church property.

Challenge to district court decision regarding applicable statute of limitations in standalone IDEA fee actions.

Whether jury was properly instructed in First Amendment retaliation suit.

Whether § 2254(e) was waived; impact of Shinn v. Martinez Ramirez, 142 S. Ct. 1718 (2022).

Whether Military Lending Act applies to bundled financing that includes loan products that would not otherwise be subject to the Act.

Whether defendant's sentencing challenges are cognizable as "extraordinary and compelling reasons" for compassionate release; whether issue exhaustion requirement applies to

Whether First Step Act and/or Declaratory Judgment Act permit reclassification of defendant with completed sentence as misdemeanant rather than felon.

Whether district court erred in granting summary judgment for defendant in race discrimination case.

Whether plaintiffs lacked standing to challenge rule reducing environmental analysis and on Environmental Qlty disclosure requirements under National Environmental Protection Act; whether challenge is ripe for review.

Whether the district court abused its discretion in denying compassionate release.

Whether district court erred in holding that Appellant did not identify proper comparator to support Equal Pay Act claim; other issues.

Whether district court erred in holding plaintiffs' corporate injuries were not direct and that they did not have standing to file shareholder derivative suit based on special injuries.

Whether district court erred in concluding liability in context of plaintiff's negligence claim requires the existence of a "special relationship" with defendant; related issues.

Whether Bivens remedy exists for First and Fourth Amendment violations by TSA agents during airport security screening; whether qualified immunity precludes suit.

Whether the district court erred by granting summary judgment in favor of Defendants on inmate's First Amendment retaliation claim.

Whether § 1983 action arising from death by carbon monoxide poisoning requires allegation that defendant public housing authority knew of dangerous conditions.

Whether district court erred by dismissing claims that Maryland's 2021 Retail Pet Store Ban violated dormant Commerce Clause and federal preemption; other issues.

Whether district court properly struck expert's opinion; whether court correctly held that plaintiffs were "alighting" from hot air balloon when electrocuted; other issues.

Whether protected disclosures contributed to discipline; whether substantial evidence supports finding, by clear and convincing evidence, that agency would have imposed discipline absent

Whether the court erred in finding that Virginia law does not extend comity to spouse's foreign divorce.

Whether class action complaint met heightened pleading standard for securities fraud; whether Defendants acted with scienter; other issues.

Whether provider submitted data "capable of being audited" under 42 C.F.R. § 413.24(c) in support of reimbursement request under Medicare program.

Challenge to district court's conclusions following Remmer hearing conducted upon remand from this court; related issues.

Whether adoption agency functioned as state actor when it placed ward of state into abusive adoptive home; qualified immunity; discovery issues.

Whether receiving bank was entitled to indemnification under U.C.C. 4A-211(f) from sender of reversed wire transfer.

Whether district court erred in applying enhancement under USSG § 3C1.2 for creating risk of death or serious injury during flight from law enforcement.

Whether district court erred in finding liability and awarding damages in gender discrimination case under the West Virginia Human Rights Act.

Whether magistrate judge erred in granting Defendants summary judgment on Plaintiffs' unlawful demotion, retaliation, and hostile work environment constructive discharge claims; other issues.

Whether plaintiffs lack standing to bring suit against HHS for lack of post-deprivation process in violation of Fifth Amendment.

Whether policy prohibiting the livestreaming of a traffic stop from inside the stopped vehicle violates the First Amendment; related issues.

Whether plaintiff's former attorneys had standing to move for attorney's fees under IDEA; whether court abused discretion in calculating fees.

Whether administrative remedies are "available" for purposes of PLRA when prison policy limits number of grievances that will be processed at a time.

Whether forfeiture order imposed pursuant to 18 U.S.C. § 981(a)(1)(C) violates Honeycutt v. United States, 137 S. Ct. 1626 (2017); other issues.

Whether South Carolina first-degree assault and battery is a crime of violence under Sentencing Guidelines; whether South Carolina second-degree assault and battery and second-degree domestic violence are crimes of violence

Whether district court lacked subject matter jurisdiction to consider action for declaratory judgment regarding appellant's status under the Medicare Secondary Payer statute.

Whether Appellant has property interest to support standing to pursue due process claims based on county's preliminary approval of subdivision plan; other issues.

Whether petitioners were entitled to rescission of the in absentia removal orders under Niz- Chavez v. Garland, 141 S. Ct. 1474 (2021).

Whether district court abused discretion in certifying class to challenge county's provision of of the County of free appropriate public education under IDEA.

Appeal from entry of summary judgment in favor of plaintiff in insurance coverage action; effect of South Carolina Supreme Court's decision in Stoneledge at Lake Keowee Owners Assn v. IMK Dev. Co., 435 S.C.

Whether BIA decision must be vacated and remanded when it was issued by a temporary BIA member whose term had expired; related issues.

Whether the district court erred by denying petitioner's actual innocence gateway claim in light of the petitioner's new evidence.

Challenge to district court's dismissal of disability-discrimination claim.

Whether the ACA shared responsibility payment in effect for the 2018 tax year is a tax entitled to priority under 11 USC 507(a)(8).

Whether district court erred in granting summary judgment in age discrimination case based on plaintiff's failure to show but for causation; other issues.

Whether magistrate judge erred in granting Defendant summary judgment on Plaintiff's race discrimination claim, brought pursuant to 42 U.S.C. § 1981; other issues.

Whether 42 USC 1981's alienage discrimination protections extend to all work-authorized noncitizens; related issues.

Whether district court erred in denying First Step Act motion without a hearing; impact of Supreme Courts decision in Concepcion v. United States, 142 S. Ct. 2389 (2022).

Whether a violation of Va. Code Ann. § 18.2-186.3(A)(2) is categorically a crime involving moral turpitude; other issues.

Whether district court erred in determining that driver's nervousness and manner of stopping vehicle provided reasonable suspicion justifying extension of traffic stop; other issues.

Whether district court violated the mandate rule by reconsidering factual findings previously affirmed by this Court; other issues.