October 24, 2023
Yagoub Mohamed v. Bank of America, N.A.
Whether prepaid account for pandemic-related unemployment is excluded by the Electronic Funds Transfer Act as "qualified disaster relief payment" exempted by Regulation E.
Ronald Morgan v. Daniel Bruton
Whether IRS is entitled to obtain prepetition lien on real property owned by debtor and non-debtor spouse as tenants by the entireties; other issues.
Susan Harriman v. Associated Industries Insurance Company, Inc.
Whether district court reversibly erred in finding that, under South Carolina law, excess insurer owed no duty to defend; other issues.
United States v. Thuy Luong
Whether district court erred in applying vulnerable victim enhancement under USSG § 3A1.1(b)(1) in prosecution for forced labor offense; other issues.
Advanced Training Group Worldwide, Inc v. Pro-active Technologies, Inc
Whether district court properly determined that Appellant breached parties' agreement; other issues.
Anila Daulatzai v. State of Maryland
Propriety of district court's rulings related to denial of Plaintiff's post judgment motion for leave to file a third amended complaint; other issues.
Eddah Gachuma v. Merrick Garland
Whether the Board abused its discretion in denying the motion to reconsider.
Conflict Kinetics, Inc. v. Bagira Systems, LTD.
Whether forum non conveniens ruling in prior action precludes subsequent action which names an additional party who is not subject to foreign jurisdiction.
Gabrielle Barbour v. Merrick Garland
Whether the district court erroneously determined that Appellant failed to adequately plead a Title VII retaliatory refusal-to-hire claim; other issues.
Larry Philpot v. Independent Journal Review
Whether photograph of Ted Nugent, taken from Wikimedia Commons and used in an article without direct attribution, violated copyright or was fair use; other issues.
Jose Lopez-Benitez v. Merrick Garland
Whether Petitioner demonstrated nexus between extortion and family-based particular social group; other issues.
United States v. Angel Centeno-Morales
Whether the district court abused its discretion in denying compassionate release.
United States v. Cesar Castillo
Whether convictions for violent crime in aid of racketeering qualify as crimes of violence under force clause of 18 U.S.C. § 924(c); other issues.
United States v. Dearnta Thomas
Whether district court applied proper analytical framework for determining whether VICAR assault, 18 U.S.C. § 1959(a)(3), qualifies as crime of violence; other issues.
Gerald Timms v. U. S. Attorney General
Whether petitioner is required to exhaust constitutional claims in commitment proceeding prior to filing 28 U.S.C. § 2241 petition. Other issues.
Kieran Bhattacharya v. James Murray, Jr.
Challenge to summary judgment in favor of university in case alleging student's expulsion was based on content of student's speech during on-campus event.
Frank Morgan v. J. Tincher
Whether district court abused its discretion in denying Fed. R. Civ. P. 60(b) motion based on defendant's failure to disclose similar excessive force complaint.
United States v. Kevin Forrest
Whether the district court abused its discretion in denying, on remand, Defendant's motion to withdraw his guilty plea; other issues.
Zion Williamson v. Prime Sports Marketing N.C.'s Uniform Athlete Agent Act
Whether agent must allege student athlete had been declared ineligible by NCAA to challenge applicability of to parties' contract.
United States v. Curtis Davis
Whether the district court erred by denying Davis' motion to suppress evidence seized pursuant to a search warrant.
October 25, 2023
Susan Carpenter v. William Douglas Management Inc
Whether fees demanded by Defendants before Plaintiff sold properties were transfer fees under North Carolina law prohibiting such fees; other issues.
United States v. Carlos Kinard
Whether assault under 18 U.S.C. § 1959(a)(3) or under N.C. Gen Stat. § 14.33(c)(1) is a crime of violence under 18 U.S.C. § 924(c)(3)(A).
United States v. Dricko Huskey
Consolidated direct appeal by four defendants following multi-day jury trial; multiple issues including challenges to pretrial and evidentiary issues, sentencing, and sufficiency of evidence.
United States v. James Vandivere
Propriety of determination that petitioner committed under Adam Walsh Act bore burden by preponderance to show discharge entitlement under 18 U.S.C. § 4247(h).
United States v. Richard Lewis
Whether Chapter Seven of the Sentencing Guidelines is ultra vires and therefore void; other issues.
Stephanie Walker v. Petsense, LLC
Whether plaintiff must be afforded opportunity to review district court's terms of dismissal before entry of order dismissing action without prejudice under Rule 41(a)(2).
Sara Zito v. Strata Equity Group, Inc.
Whether court erred in concluding tenants failed to exhaust existing administrative remedy regarding landlord's billing of water and sewer services; other issues.
William Kimble v. Gregory Swink
Whether complaint failed to state a due process claim related to inmate's placement in the Rehabilitative Diversion Unit and progression through that unit.
Smartsky Networks, LLC v. DAG Wireless, LTD.
Whether district court had subject matter jurisdiction to confirm arbitration award; whether injunction was overly broad or vague; other issues.
Currituck County, North Carolina v. Elizabeth E. Letendre
Whether N.C. Gen. Stat. § 153A-346(b) and a Building Code Council decision abrogated Long v. Currituck 787 S.E. 2d 835 (2016); other issues.
Bardon, Inc v. National Labor Relations Board
Remy Holdings International, LLC v. Fisher (Dillon) other issues.
Whether parties' core policy agreement violated the Virginia statute of frauds; whether district court erred in dismissing Remy's unjust enrichment claim, calculating damages, and admitting testimony of an expert witness;
United States v. Malek Lassiter
Whether VICAR attempted murder is § 924(c) predicate; application of mandate rule and plain error standard after Supreme Court's Taylor decision; other issues.
Norfolk Southern Railway Company v. Zayo Group, LLC
Whether lease provision for determining fair market value using panel of appraisers was an agreement to arbitrate.
Zayo Group, LLC v. Norfolk Southern Railway Company
Whether Virginia State Corporation Commission is a "court" for purposes of removal under 28 U.S.C. § 1441; preemption; other issues.
Yasuko Yagi v. Lee Hilgartner
Whether money owed pursuant to a presuit settlement agreement for a willful and malicious tort is dischargeable under 11 U.S.C. § 523(a)(6); other issues.
Hussein Mouns v. Merrick Garland
Whether Board abused its discretion in declining to reconsider the denial of Yemeni citizen's third motion to reopen.
United States v. Robert McCabe
Propriety of instructing jury that stream of benefits in exchange for official acts could be considered bribery absent explicit promise to perform; other issues.
United States v. Victor Berry
Whether Defendant's understanding of the District of Columbia Youth Rehabilitation Act is relevant to the knowledge-of-status element under 18 U.S.C. § 922(g)(1); other issues.
Daniella Easterbrook v. Kilolo Kijakazi
Whether the ALJ's decision to accord less than controlling weight to Appellant's treating physician's opinions is supported by substantial evidence.
October 26, 2023
United States v. Eric Henderson
Propriety of enhancements for possessing firearm in connection with another felony offense, USSG § 2K2.1(b)(6)(B), and reckless endangerment during flight, USSG § 3C1.2. 15 mins.
M.D. Russell Const., Inc. v. Consolidated Staffing
Whether district court correctly granted summary judgment to Defendant on tort, quasi-tort, and contract claims; other issues.
Island Creek Coal Company v. Daniel Looney Clause
Propriety of ALJ's findings of clinical and legal pneumoconiosis; whether Employer forfeited Appointments challenge.
United States v. Kevlin Jackson
Whether appellate waiver precludes challenge to substantive reasonableness of supervision condition; reasonableness of warrantless search condition following conviction for unlawful possession of a firearm.
Kewon English v. Joseph Clarke
United States v. Kenneth Hart
Whether district court erred denying motion to dismiss for speedy trial violation where magistrate judge did not articulate whether extension served ends of justice.
Juana Rueda v. Janet Yellen
Constitutionality of former version of CARES Act, which precluded child-based economic stimulus payment when one parent lacked a Social Security number.
Lilian Escobar-Hernandez v. Merrick Garland
Whether substantial evidence supports the finding that the Honduran government was not unable or unwilling to protect Petitioner; related issues.
Tracy Penland v. Metropolitan Life Insurance Company
Whether the district court erred in finding that appellant's medical conditions were insufficient to meet insurance plan's definition of disability.
Samuel Orlando v. Donald Smith
Whether this Court has jurisdiction to review 6-month stay entered pursuant to Younger v. Harris, 401 U.S. 37 (1971); propriety of abstention.
Jeremy Schulman v. Axis Surplus Insurance Company, Inc.
Whether a criminal indictment constitutes a "claim" for a "wrongful act" under professional liability insurance policies; other issues.
Alexis Guerrero v. Ollie's Bargain Outlet, Inc.
Whether plaintiff sufficiently alleged racial discrimination under 42 U.S.C. § 1981 to survive motion to dismiss.
Scratch Golf, LLC v. Beaufort County
Whether plaintiff plausibly alleged due process claims and defendants' § 1983 liability under Monell based on denial of rezoning application; other issues.
Metropolitan Devlmt. Grp v. Cool Spring Rd
Whether district court erred in finding that obtaining land use approval was a condition precedent for real estate development contract; other issue.
Luis Ayala-Osegueda v. Merrick Garland
Whether Board erred in adopting mixed credibility finding; nexus between extortion and family membership.
Marco Fernandez v. RentGrow, Inc.
Whether district court erred in granting class certification in action brought under the Fair Credit Reporting Act; other issues.
October 27, 2023
United States v. Gregory Brantley
Whether defendant's untimely appeal may be excused when district court committed a Rogers error; other issues.
United States v. Everett Maynard
Whether the Confrontation Clause was violated when witnesses were ordered to wear masks; related issues.
United States v. Darrius King
Whether the district court plainly erred by failing to inform the defendant about the significance of supervised release during the guilty plea hearing.
United States v. Joshua Roy
Whether district court improperly relied on conclusion that fentanyl is so potent merely touching it can cause overdose; other issues.
United States v. Joel Smithers
Whether sufficient evidence supports each of the defendant's 859 convictions for unlawful distribution of a controlled substance; other issues.
United States v. Adonis Perry
Whether the district court erred in denying defendant's motion to suppress evidence recovered from warrantless search of cell phone; other issues.
United States v. Alvin Johnson
Whether, on remand for resentencing, the Government plainly breached the plea agreement by moving for an upward departure or variance.
Tijuana Decoster v. Xavier Becerra
Whether district court erred in finding former federal employee sought to challenge only the agency's remedy on her retaliation claim; other issues.
Alyssa Reid v. James Madison University
Whether district court correctly determined date on which university employee's Title IX cause of action accrued, rendering her complaint untimely.
State of West Virginia v. United States Environmental Protection Agency
United States v. Robert Barnes
Motion to suppress; sufficiency of evidence; whether Maryland robbery qualifies as crime of violence under USSG § 4B1.2 for career offender purposes.
United States v. Rodriquies Evans
Propriety of sentencing enhancements for drug quantity and having a leadership role in the offense; other issues. 15 mins.
Laura Tartaro-McGowan v. Inova Home Health, LLC
In failure-to-accommodate claim arising under ADA and ADEA, whether performing field visits was an essential function of position.
B.P.J. v. West Virginia State Board of Ed
Whether West Virginia's categorical ban on transgender girls playing on girls' school sports teams violates Equal Protection Clause, Title IX.