March 7, 2023
Charlotte-mecklenburg County Board of Education v. Aleah Brady
Moses Enterprises, LLC v. Lexington Insurance Company
Whether district court erroneously awarded Plaintiff attorneys' fees for services rendered through settlement of litigation; other issues.
Shelly Stevens v. Dawn Holler
Whether Plaintiff sufficiently alleged that Defendants were deliberately indifferent to pretrial detainee's objectively serious medical needs, leading to the detainee's death.
Erin Osmon v. United States of America
Whether TSA screeners are "investigative or law enforcement officers" for the purposes of the Federal Tort Claims Act, 28 U.S.C. 2680(h).
Roee Kiviti v. Naveen Bhatt
Whether disgorgement order for violating strict liability municipal regulation is dischargeable in bankruptcy where alleged to have been obtained by false pretenses.
Christopher Fain v. William Crouch
Whether West Virginia Medicaid Program exclusion denying surgical care for gender dysphoria violates Equal Protection, Fourteenth Amendment, Affordable Care Act, and/or Medicaid Act.
United States v. Yakotus Odum
Whether district court plainly erred in instructing the jury on aiding and abetting, which affected defendant's substantial rights; other issues.
Bacardi and Company Limited v. United States Patent & Trademark Office
Whether a claim that the USPTO violated the Lanham Act by granting a petition to renew a trademark registration that had already expired is reviewable.
Summer Lashley v. Spartanburg Methodist College
Whether district court erred in granting summary judgment on retaliation claims; other issues.
Clary Hood, Inc. v. Commissioner, IRS
Whether district court erred in disallowing certain tax deductions and allowing a penalty related to company's payment of bonus to CEO.
United States v. Quintin Davis
Whether court erred by failing to instruct on lesser-included offense; other issues.
Tiger Cela v. Merrick Garland
Whether noncitizens whose grant of asylum has been terminated remain eligible to adjust to lawful permanent resident (LPR) status under 8 U.S.C. 1159(b).
Michael Klein v. Stanley Campbell
Multi-issue challenge to grant of summary judgment in contract dispute.
Williams Rodriguez Salgado v. Merrick Garland
Whether the petition for review was timely as to the Board's order dismissing the appeal; related issues.
Melodie Shuler v. Orangeburg County Sheriff's Fed. R. App. P.
Propriety of district court's order reopening appeal period; meaning of "receive notice" under 4(a)(6).
Calvin Currica v. Richard Miller
Voluntariness of guilty plea when defendant did not understand that guidelines were advisory and that he could be sentenced above range in plea agreement.
Anthony Juniper v. Melvin Davis
Whether suppression of evidence and knowing presentation of false and misleading testimony were cumulatively material under Brady and Napue.
March 8, 2023
Towers Watson & Co. v. National Union Fire Insurance Company
Whether district court erred in holding reverse triangular merger was not an acquisition within meaning of "bump up clause" in management liability insurance policies
Synopsys, Inc. v. Risk Based Security, Inc.
Whether Appellant established existence of trade secrets; whether district court properly excluded expert reports; other issues.
Johnnie Wills v. Karen Pszczolkowski
Propriety of denial of relief on 28 U.S.C. § 2254 petition challenging West Virginia's proportionality standards as unconstitutionally vague.
Jamie Luskin v. University of Maryland College Park, Maryland
Whether district court erred in granting summary judgment for university in student-on-student sexual harassment case.
Barbara Rush v. Kilolo Kijakazi
Whether ALJs who heard and decided Plaintiffs' claims validly appointed in light of the Federal Vacancies Reform Act's (FVRA) time limit on acting service.
Federal Trade Commission v. Yu Lin
Whether district court had jurisdiction over postjudgment motion to intervene; if so, whether court abused its discretion by denying motion on merits; other issues.
Brown Goldstein Levy LLP v. Federal Insurance Company
Whether policy definition of claim encompassed search warrant and recusal demand; whether legal fees were excluded from policy definition of loss.
United States v. Troy Skinner
Whether district court had subject matter jurisdiction over 18 U.S.C. § 2251(a) prosecution for conduct committed overseas by a non-U.S. citizen; other issues.
United States v. Emilio Moran
Whether district court had jurisdiction over employee of Veterans Affairs Transition Assistance Program on overseas military base for purposes of criminal prosecution.
Donte Parrish v. United States of America
Whether appellant must file new notice of appeal after court grants Rule 4(a)(6) motion; whether prison mailbox rule applies to FTCA claims; other issues.
Carole Sawyer v. Tidelands Health ASC, LLC
Whether a healthcare provider's policy of deducting outstanding medical expenses from its employees' paychecks violates South Carolina Payment of Wages Act or constitutes unconscionable contract.
Faustino Carrera v. E.M.D. Sales Inc.
Following Encino Motorcars, LLC v. Navarro, whether district court erred in applying clear and convincing evidence standard to determine whether FLSA plaintiffs were outside salespeople.
Margaret Chambers v. North Carolina Department of Justice
Whether 28 U.S.C. § 1658's statute of limitations is applicable to a claim brought under 42 U.S.C. § 1981 through 42 U.S.C. § 1983.
Z. W. v. Horry County School District
Whether Appellants' claims concerned the denial of a free and appropriate education, requiring them to exhaust administrative remedies under the IDEA.
Adam Armstrong v. Bryan Hutcheson
Whether summary judgment was proper in action challenging officers' entry into Appellant's home based on estranged spouse's claim that it was marital home; qualified immunity.
Annakutty Joseph v. Target Stores, Inc.
Whether evidence of store's constructive notice of water on the floor prior to appellant's fall was sufficient to withstand summary judgment.
Darius Vitkus v. Antony Blinken
Whether Lithuania satisfied the document requirements of the Extradition Treaty; related issues.
March 9, 2023
Jeffrey Israelitt v. Enterprise Services LLC
Whether district court erred in concluding compensatory damages and jury trial are unavailable in ADA retaliation claims.
Barbara Smith v. Commissioners of St. Mary's County, Maryland
Whether the district court erroneously granted Defendants' motions to dismiss Plaintiff's due process claims; other issues.
Maile Hardcastle v. Mary Hardcastle
Whether district court's order finding notice period unreasonably short and ordering relief was appealable; whether district court erred.
Julie A. Su, Acting Secretary of Labor, United States Department of Labor v. Medical Staffing of America, LLC
Whether nurses were employees or independent contractors for purposes of FLSA.
Jonathan Torres v. Nathan Ball
Whether district court erred in determining that Defendants possessed reasonable suspicion and probable cause to conduct traffic stop and for arrest; other issues.
Selwyn Karp v. First Connecticut Bancorp, Inc.
Whether genuine issues of fact exist for trial regarding materiality, loss causation, or negligence in action under § 14(a) of Securities Exchange Act.
Carlton & Harris Chiropractic, Inc., a West Virginia Corporation v. Pdr Network, LLC; Pdr Distribution, LLC; Pdr Equity, LLC; John Does
Whether 2006 FCC Order is entitled to Skidmore deference; whether unsolicited fax sent by defendant to plaintiff is an advertisement under TCPA.
Anthony Whyte v. Merrick Garland
Whether petitioner was removable despite pending relief applications; standard applicable to serious nonpolitical crime bar; whether petitioner was entitled to Convention Against Torture protection.
United States v. Elliott Graham
Whether the district court erred in determining that Graham's conviction under § 924(c) was predicated upon carjacking rather than kidnapping.
Dawn Polk v. Amtrak National Railroad Passenger Corporation
Whether district court erred in dismissing railroad employee's race discrimination claim for lack of subject matter jurisdiction.
Paul Canady, II v. James Holder
Whether district court erred in dismissing, on qualified immunity grounds, action alleging police fabrication of evidence that led to false murder confession.
Jose Trejo Tepas v. Merrick Garland
Whether, in conducting underlying pro se removal proceedings, the immigration judge complied with Quintero v. Garland, 998 F.3d 612 (4th Cir. 2021); other issues.
United States v. Lokheim Jeralle Campbell
Whether South Carolina attempted armed robbery is a crime of violence under the Sentencing Guidelines.
John and Jane Parents 1 v. Montgomery County Board of Education
Challenge to school district policy precluding school personnel from disclosing students' transgender identity to their parents in certain circumstances.
Advantage Veterans Services of Walterboro, LLC v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International, Local 7898
Whether arbitration award drew its essence from collective bargaining agreement; whether district court properly deferred to arbitrator's evidentiary conclusions.
In re: Grand Jury 2021 Subpoenas
Multi-issue challenge to district court's denial of motion to quash grand jury subpoenas duces tecum and its order compelling production of documents.
Larone Elijah v. Richard Dunbar
Whether BOP miscalculated release date by failing to give credit for prior time served and good conduct time under First Step Act § 102(b)(b)(1)(A).
In re: Randolph McNeill
Whether, in light of Rehaif v. United States, 139 S. Ct. 2191 (2019), movant should be permitted to file successive 28 U.S.C. § 2255 motion.
March 10, 2023
Mario Amaya v. DGS Construction, LLC
Whether court erroneously denied motion for judgment as a matter of law on unjust enrichment claim; other issues.
United States v. Windsor Kessler, III
Whether district court erred in declining to modify terms of supervised release challenged as improper delegation of authority to probation officer; other issues.
United States v. Jeffrey Reed
Whether placing lien constituted "property damage" under USSG § 2J1.2(b)(1)(B); whether garnishment is routine, day-to-day work of IRS; other issues.
United States v. Christopher Robertson
Whether COVID-related trial delays violated Speedy Trial Act; denial of motion to suppress; sufficiency of evidence; other issues.
Maryland Shall Issue, Inc. v. Lawrence Hogan
Second Amendment challenge to Maryland's handgun licensing requirements.
Hugo De La O v. Merrick Garland
Whether Petitioners established a nexus between harm feared or experienced and their family membership.
Darryl Howard v. City of Durham
Multi-issue challenge to grant of summary judgment in favor of law enforcement in § 1983 case arising from wrongful conviction; cross appeal.
Christian Santos Garcia v. Merrick Garland
Whether family-based particular social group is cognizable; imputed political opinion; CAT protection.
United States v. Alexander Treisman
Whether the warrantless entry into, towing of, and associated inventory search of a van violated the Fourth Amendment.
United States v. Rodney Coby
Multi-issue challenge to conviction and sentencing, including jury instruction issues, sufficiency of evidence, and applicability of sentencing enhancements.
United States v. Rico Brown
Whether, following Supreme Court's decision in Wooden, ACCA "occasions clause" question must be presented to the jury; whether failure to present is plain error.
United States v. George Hadden
Whether Michigan assault with a dangerous weapon and North Carolina attempted second degree kidnapping are qualifying ACCA predicate convictions.
United States v. Nathan Glover
Challenges to enhancement for possession of firearm in connection with another felony, denial of acceptance of responsibility, and imposition of conditions of supervised release. (15 mins.)