Richmond, VA
December 5–8, 2023
December 5, 2023
United States v. Paul Chance
Whether Chance's sentence for robbery and firearm convictions imposed after a significant upward variance is reasonable; other issues. 15 mins.
Carra Penegar v. Liberty Mutual Insurance Payer Act
Whether Plaintiff had a cognizable injury sufficient to establish Article III standing to bring a Medicare as Second claim.
SE Public Safety Grp, Inc. v. Randy Munn
Whether district court erred in dismissing action based on sovereign immunity, concluding defendants were acting in official capacity; other issues.
Dorothy Seabrook v. John Whitley
Whether plaintiff stated disparate punishment and hostile work environment claims based on racial discrimination or retaliation claim.
United States v. Ricky Robinson
Whether assault by strangulation, N.C. Gen. Stat. § 14-32.4(b), qualifies as crime of violence following United States v. Taylor, 142 S. Ct. 2015 (2022).
Stanford Lance Weaver v. United States Postal Service
Propriety of dismissing complaint as time-barred under FMLA and denying leave to amend based on notice of employment termination constituting last event of discrimination.
Earl Johnson, Jr. v. Richard Robinette
Whether allegations amounted to sexual abuse of prisoner, excusing exhaustion requirement pursuant to Prison Rape Elimination Act; Fourth and Eighth Amendment claims.
Beatriz Nunez-Gonzalez v. Merrick Garland
Whether "Salvadoran women" is cognizable social group; whether "nexus" and government "unwilling or unable to protect" requirements were met; CAT protection.
Jerome Johnson v. Baltimore Police Department
Challenge to district court's dismissal of case as a litigation sanction, alternative grant of summary judgment.
Teresa Nixon v. Kysela Pere Et Fils, LTD
Whether employee can state prima facie case of quid pro quo sexual harassment based on employer's unwelcome advances following termination of consensual romantic relationship.
Tamer Mahmoud v. Monifa McKnight
Challenge to denial of preliminary injunction to require prior notification and opt-out option when LGBTQ+ books are included in school curriculum.
Dedre Feyijinmi v. State of Maryland Central
Multi-issue challenge to conclusion that appellant's restitution was non-dischargeable in bankruptcy.
United States v. Zavien Canada
Whether 18 U.S.C. § 922(g)(1) violates the Second Amendment following Supreme Court's decision in Bruen; impact of mandate rule; propriety of sentence.
United States v. Christopher Zoukis
Whether appellate waiver precluding appeal or collateral attack of defendant's sentence encompasses an appeal from the denial of an 18 U.S.C. § 3583(e)(1) motion.
United States v. Reymundo Camero-Castaneda
Whether Appellant undermined the removal order because he was a minor during removal proceedings; related issues.
Robert Mestanek v. Ur Jaddou
Whether the agency acted ultra vires in investigating potential prior marriage fraud; whether applicants should be allowed to examine derogatory evidence; other issues.
Sintia Nivar Santana v. Merrick Garland
Propriety of treating previously admitted noncitizen who applies to adjust status as an alien seeking admission and thus imposing higher evidentiary burden.
December 6, 2023
Simply Wireless, Inc v. T-Mobile US, Inc
Whether, to rebut presumption of abandonment, owner of common law mark produced adequate evidence of intent to resume use; other issues.
United States v. As-Samad Haynes
Whether jury venire was tainted by statements about the effects of drugs on venire members' lives; lay witness testimony using summary chart; other issues.
United States v. Eunice Nkongho
Whether district court erred in declining to suppress contents of electronic device searched pursuant to border exception; challenges to Sentencing Guidelines calculations.
United States v. George Underwood
Sufficiency of evidence regarding federal program theft convictions; reasonableness of restitution award; other issues.
Edgardo Vasquez Castaneda v. Paul Perry
Whether prolonged detention during withholding-only proceedings violates immigrant's due process rights, warranting habeas corpus relief.
United States v. Anthony Gross
SAS Associates 1, LLC v. City Council for the City of Chesapeake, Virginia
Whether district court erred in finding that Plaintiffs failed to sufficiently plead comparators for a for the class-of-one claim under the Equal Protection Clause.
Anne Arundel County Maryland v. BP P.L.C.
In action asserting climate-deception claims, whether district court had jurisdiction based on federal officer removal or First Amendment federal question defense; other issues.
United States v. Randy Price
Whether conviction for possession of firearm with obliterated serial number violates Second Amendment following Supreme Court's decision in Bruen.
Nagla Abdelhalim v. Aaron Lewis
Whether district court abused its discretion in awarding attorney's fees on finding that the plaintiff's action was "without foundation"; other issues.
Medical Mutual Ins. Co. of NC v. Cathy Gnik
Whether insured made material misrepresentation in application for medical professional liability insurance thereby relieving insurer of duty to defend or indemnify.
American Energy, LLC v. Director, Office of Workers’ Compensation Programs, United States Department of Labor
Krishna Poudel v. Mid Atlantic Professionals, Inc.
Whether Maryland wage laws provide a cause of action to individuals who have performed no work in Maryland; other issues.
Gilfredo Lopez-Sorto v. Merrick Garland
Whether Board's reliance on Matter of J-F-F, 23 I&N Dec. 912 (A.G. 2006), contravenes this Court's decision in Rodriguez-Arias v. Whitaker.
Xactware Solutions, Inc., Plaintiff (Trademark Trial & Appeal Board Opposer) v. Buildxact Software Limited, Defendant (Applicant in Trademark Trial & Appeal Board opposition)
Whether "being within such district" in 35 U.S.C. § 24 is satisfied by physical presence of statutory agent within judicial district; other issues.
United States v. Nathaniel Richardson, Jr.
Whether sentencing package doctrine applies to noncovered offense in First Step Act proceeding. 15 mins.
Tina Ray v. Michael Roane
Whether the district court erred by granting Defendant summary judgment on § 1983 and state law claims concerning officer's shooting of Plaintiff's dog.
Saleh Shaiban v. Mark Koumans
Whether IJ's grant of asylum in prior proceeding is entitled to preclusive effect; other issues.
December 7, 2023
Percival Partners Limited v. Paa Nduom
Whether court erred in applying residency requirement for standing to bring civil RICO action; challenge to grant of summary judgment before completion of discovery.
Raymond Sefakor Yao Azumah v. United States Citizenship and Immigration Services; Kimberly J. Zanotti; Ur Jaddou; Alejandro Mayorkas
Whether lawful permanent resident is eligible for naturalization despite being deemed inadmissible when reentering the country; related issues.
Joann Ford v. Sandhills Medical Foundation, Inc
Whether district court erred in substituting the United States as defendant for claims arising from data breach at medical center.
Timothy Caraway v. City of Pineville
Challenge to grant of summary judgment based on qualified immunity in case arising out of officers' use of force.
Kenneth Sellman v. Safeco Insurance Company of America
Whether insured may recover attorney's fees under Hayseeds v. State Farm, 352 S.E.2d 73, if insured did not file a property damage action.
Scott Sonda v. West Virginia Oil & Gas Conservation Commission
Whether Pullman abstention order is immediately appealable; other issues.
Jose Reyes v. Waples Mobile Home Park Limited Partnership
Whether mobile home park's policy of screening adult residents for immigration status is a "business necessity" under the Fair Housing Act.
Jane Doe v. Cenk Sidar
Whether adult rape victim is entitled to proceed pseudonymously; related issues.
Estate of Arturo Giron Alvarez, by and through Maria Ana Giron Galindo as Administrator; the 773 Individuals Identified on Exhibit 1 to the Complaint; Unknown Use Plaintiffs v. The Rockefeller Foundation
Whether foundation was proper defendant in action arising out of non-consensual medical experiments on foreign nationals conducted by foundation-affiliated doctor.
Elaine Neidig v. Valley Health System
Whether claims alleging substandard mammograms are time-barred under West Virginia Professional Liability Act; other issues.
Estate of Eleusipa Van Emburgh, by and through its Administrator James Michael Van Emburgh; James Michael Van Emburgh v. United States of America
Propriety of jurisdictional ruling based on court's finding that Plaintiffs failed to exhaust their administrative remedies prior to filing FTCA action; equitable tolling.
United States v. Antonio Davis
Whether district court abused its discretion in denying motion for compassionate release based on lack of extraordinary and compelling reasons; related issues.
Courthouse News Service v. Jacqueline Smith
First Amendment challenge to state court policy restricting online access to case materials for non-attorneys.
David Duvall v. Novant Health, Inc.
Challenges to jury's liability verdict and damages award in favor of white male executive who claimed he was a victim of corporate DEI plan.
United States v. Ricky Johnson
Whether the district court adequately addressed Johnson's mitigation arguments and, if not, whether the error was harmless. 15 mins.
December 8, 2023
Wilson Yachts, LLC v. James Atsriku
Propriety of district court's ruling that underlying agreement was a bareboat or demise charter, as opposed to a "time and voyage" charter; other issues.
Vein & Wellness Group, LLC v. Xavier Becerra
Whether principles of collateral estoppel apply in the Medicare administrative review process; other issues related to rejection of Plaintiff's collateral estoppel argument.
United States v. Jason Kokinda
Whether jury instructions expanded the elements of the offense of failing to update sex offender registration; other issues.
United States v. Jerada Henderson
Whether the district court erred in denying defendant's motion to suppress evidence recovered from cell phones; other issues.
James Rosemond v. Richard Hudgins
Whether president's decision to grant clemency must be communicated by signed clemency warrant; whether presidential communication clearly expressed clemency decision.
Maryland Shall Issue, Inc. v. Anne Arundel County Maryland
Whether county ordinance requiring licensed firearms dealers to display and distribute literature on suicide and conflict resolution violates the First Amendment.
United States v. Jose Navarro-Cervellon
Whether interstate murder-for-hire when death results conviction is valid § 924(j) predicate after United States v. Taylor, 142 S. Ct. 2015 (2022); other issues.
United States v. Anthony Brown, Jr.
Whether officers lacked reasonable, articulable suspicion to justify Terry stops of Brown and McCullers in violation of the Fourth Amendment; other issues.
United States v. Moises Zelaya-Veliz
Whether Facebook warrants authorizing search of accounts for evidence of ongoing criminal activity were overbroad; sufficiency of evidence.
United States v. Okello Chatrie
Whether geofence warrant violated Fourth Amendment; whether district court properly denied motion to suppress under good faith exception.