January 24, 2023
Lucinda Larios-Vargas v. Merrick Garland
Whether petitioner failed to establish that Honduran government was unwilling or unable to protect her.
Hilda Sanchez-Diaz v. Merrick Garland
Whether petitioner demonstrated that imputed anti-gang political opinion was one central reason for her past persecution; other issues.
Beatrice Anagho v. Merrick Garland
Whether substantial evidence supports the Board's denial of reopening based on changed country conditions; related issues.
Reba Myers v. Alejandro Mayorkas
Whether district court erred by dismissing FTCA action for lack of subject matter jurisdiction pursuant to an exception to FTCA's waiver of sovereign immunity.
Vir2us, Inc. v. Sophos Inc.
Whether the district court erred in construing contract provisions defining products subject to royalty payments.
Judith Shears v. Ethicon, Inc.
Whether district court correctly applied West Virginia pattern jury instructions in products liability case; other issues.
Ashley Nicole Noonan, f/k/a Ashley Culpepper v. Consolidated Shoe Company, Inc
Whether district court erroneously granted summary judgment on Plaintiff's retaliation and wage disparity discrimination claims; other issues.
Eddie Lane v. New Gencoat, Inc.
Whether South Carolina statute of repose for improvements to real property bars product liability claim arising from injury caused by industrial equipment.
United States v. Daniel Critchfield
Whether district court erred in denying motion to suppress based on finding of reasonable, articulable suspicion.
United States v. Omar Alas
Whether cross-designated agency's knowledge of alien's presence can be imputed to the United States for purpose of statute of limitations on illegal reentry prosecution.
Faith Dennis v. Kilolo Kijakazi
Whether the ALJ's decision not to include an absenteeism limitation in Appellant's RFC is supported by substantial evidence; other issues. (15 mins.)
Webster Williams, III v. Michael Carvajal
Whether, under PLRA, incarcerated plaintiffs with disabilities must exhaust both BOP grievance process and EEO complaint procedure before bringing Rehabilitation Act claim.
Dillard Putman v. Quentin Harris
Whether court properly denied qualified immunity to officer who, during welfare check, directed dog to bite plaintiff for refusing to comply with orders.
In re: Kenneth Graham
Whether the limitations imposed by 28 U.S.C. § 2244(b)(1) on previously-presented claims apply to motions filed under 28 U.S.C. § 2255.
Chris Hill v. Certex USA, Inc.
Whether the district court properly granted Defendant summary judgment on Plaintiff's implied warranty of merchantability and negligent failure to warn products liability claims.
Sierra Club v. State Water Control Board
Challenge to Virginia State Water Control Board's issuance of § 401 water quality certification for pipeline's in-stream construction.
United States v. Andra Green
Timeliness of appellant's Johnson/Davis challenge; validity of appellant's 18 U.S.C. § 924(c), (j)(1) convictions following Davis; other issues.
January 25, 2023
Halscott Megaro, P.A. v. Henry McCollum
Challenge to Rule 12(b)(6) dismissal of attorney's contract and quasi-contract claims against former clients; other related issues.
Cheri Miller v. Charlotte-Mecklenburg Schools
Propriety of decision granting summary judgment to school district in IDEA case.
Renard Oakes v. Kilolo Kijakazi
Whether substantial evidence supports ALJ's rejection of consultative examiner's opinion as to applicant's need for assistive device. (15 mins.)
Sheet Metal Workers’ Health & Welfare Fund of North Carolina; Sheet Metal Workers’ Union Training Fund of North Carolina; Sheet Metal Workers’ National Pension Fund; International Training Institute for the Sheet Metal and Air Conditioning Industry; National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry; Sheet Metal Occupational Health Institute Trust; National Stabilization Agreement of the Sheet Metal Industry; Sheet Metal Workers’ International Scholarship Fund v. Stromberg Metal Works, Inc
Whether material factual dispute should have precluded summary judgment in action regarding Sheet Metal Wkrs' Hlth & Welfare. v Stromberg multiemployer pension funding.
Maxwell Kadel v. Dale Folwell
Interlocutory challenge to partial summary judgment and injunction requiring defendants to reinstate provision in state health plan providing medically necessary treatment for gender dysphoria.
Mario Sierra-Rivera v. Merrick Garland
Whether Petitioner's particular social group is cognizable as a matter of law; related issues.
January 26, 2023
Zuowei Chen v. Merrick Garland
Jurisdiction to review untimely asylum application; whether substantial evidence supports the denial of withholding of removal and CAT protection.
In re: Weldon Stewart, Jr.
Whether the movant's allegation of recovered memory qualifies as newly-discovered evidence warranting authorization to file a successive petition.
United States v. Joseph Williams (Brinkema) 378.
Whether Va. Code Ann. § 18.2-53.1 offenses are ACCA violent felonies; whether Defendant's Virginia robbery convictions remain ACCA violent felonies after United States v. White, 24 F.4th
Greatwide Dedicated Transport Ii, LLC v. United States Department of Labor
Stephen K. Pond v. United States of America
Whether 26 U.S.C. 7502's provisions related to mailed tax returns supplant the common-law mailbox rule.
Eva Palmer v. Liberty University, Incorporated
Whether university's nonrenewal of faculty member's term, the year after her promotion to full professor, was based on age discrimination; whether ministerial exception applies.
Devin Maravel v. Kilolo Kijakazi
Whether substantial evidence supports ALJ's rulings as to Appellant's limitations on three of the Paragraph B criteria; other issues.
Thomas Torrence v. Scott Lewis
Whether district court properly construed Petitioner's second claim for habeas relief, which related to state agency's prior parole ineligibility determination; other related issues.
Hind Bouabid, as lawful guardian ad litem of Minor Child A.c v. Charlotte-mecklenburg Schools Board of Education
Challenge to grant of summary judgment; whether ALJ's final decision regarding student's IEP was "regularly made" and thus due deference in the district court.
Adnet, Inc. v. Rohit Soni
Whether employees breached duty of loyalty by submitting a competing proposal for a project on which their employer submitted a bid.
United States v. Thomas Waters
Whether the district court's holding - that Rehaif was not a potentially viable basis for federal habeas relief from § 922(g) conviction - is debatable.
Norma Winffel v. Montgomery Mall Owner, LLC
Whether district court erred concluding mall owner and security company had no duty to protect mall patrons from shooting in parking lot.
Neuhtah Opiotennione v. Bozzuto Management Company
Whether appellant lacked standing to bring housing discrimination suit against housing providers who steered Facebook ads away from people in her age group.
Jay Hannah v. United Parcel Service, Inc
Whether district court erred in determining that unpaid leave was a reasonable accommodation for a workplace injury under the Americans with Disabilities Act.
Ashley Albert v. Global TelLink Corp.
Challenge to dismissal of plaintiff's RICO claims and denial of leave to amend complaint related to telephone services for inmates.
United States v. Jermaine Wood
Whether sentencing package doctrine and nonretroactive Sentencing Guidelines amendments apply in First Step Act resentencing; disclosure requirements for First Step Act Worksheet; other issues.
William Bulger v. Hugh Hurwitz
Whether Bivens claims for failure to protect inmate are cognizable following Zigler v. Abbasi; other issues.
United States v. Ronald Gordon, Jr.
Propriety of district court's reliance on police report, not admitted into evidence at suppression hearing, to support reasonable suspicion; whether inventory search was lawful.
January 27, 2023
United States v. Shannon Drake
Whether Hyde Amendment claim for attorney's fees following acquittal was properly denied based on plaintiff's indictment by grand jury; other issues.
Industrial Services Group, Inc v. Josh Dobson
United States v. Christopher Tucker
Multiple appeals arising out of involuntary medication orders and detention of pretrial committee whose commitment exceeds limit in 18 U.S.C. § 4241(d)(1).
David King v. Timothy Riley
Whether defendants were entitled to qualified immunity for Eighth Amendment claim arising from murder of four inmates in one morning; other issues.
Stephen Porter v. Board of Trustees of N. C. State University
Whether public university subjected tenured professor to retaliation for engaging in speech protected by the First Amendment.
Ramaco Resources, LLC v. Federal Insurance Company
Challenge to district court order overruling jury's damage award in case arising out of coal silo collapse.
Chad Langford v. Hector Joyner
Whether the district court erred in determining that Bivens complaint did not allege with sufficient specificity Defendants' personal knowledge of Plaintiff's medical condition.
United States v. Bruce Sturtz
Whether Maryland third-degree sexual offense categorically relates to generic predicates in 18 U.S.C. § 2252A(b)(2) for enhanced statutory penalties; other issues.
State of South Carolina v. US Army Corps Expansion Plan
Challenge to district court order enjoining implementation of Corps' plan to bring the Savannah Harbor into compliance with the ESA.
United States v. Jacquez Hill
Whether Appellant's upward-variant sentence is procedurally and substantively reasonable; other issues.
United States v. Casey Evans
Whether mens rea of "willfulness" in 18 U.S.C. 1855 extends to the element of government ownership of the subject property.
United States v. Darrin Miller
Whether evidence of victim's age and relationship to defendant was relevant such that its exclusion was an abuse of discretion.
United States v. Jose Colon
Whether exclusion from jury of non-vaccinated persons violated Sixth Amendment right to a jury venire that represents a cross-§ of society.
United States v. Nedeltcho Vladimirov
Whether the Confrontation Clause was violated when witnesses were ordered to wear masks; related issues.
United States v. David Troy, III
Sufficiency of court's explanation for denying First Step Act sentence reduction motion; other issues.
Nathaniel Hicks v. Gerald Ferreyra
Whether district court erred in ruling Appellee's claim was not an improper extension of Bivens remedy; other issues.
Edward Nellson v. John Doe
Whether there are genuine issues concerning finding that choice to deny assistive walking device in the SHU was a medical decision; related issues.