Richmond, VA
January 23–26, 2024
January 23, 2024
Angela Singleton v. Maryland Technology and Development Corporation
Challenge to district court's conclusion that TEDCO is an "arm of the state" entitled to Eleventh Amendment immunity.
Parker Wideman v. Innovative Fibers LLC
Whether district court erred in finding Appellants were statutory employees under South Carolina law.
Tonya Anderson v. Diamondback Investment Group, LLC
Challenge under ADA and N.C. Gen. Stat. 95-28.2(c) to employee's termination based on positive drug test resulting from use of legal products containing THC.
Ricky Pendleton v. Betsy Jividen
Whether inmate failed to state a claim under RLUIPA or Free Exercise Clause related to prison's refusal to provide religiously compliant, nutritionally adequate diet.
David Annor v. Merrick Garland
When IJ presides over hearing from home rather than court, is IJ's "assigned work location" the home or the court; other issues.
United States v. Martin Hunt
Whether Virginia attempted murder and Virginia attempted unlawful wounding are crimes of violence; other issues.
Universal Life Insurance Co. v. Greg Lindberg
Challenge to grant of summary judgment finding Lindberg, as guarantor, breached guaranty agreement by failing to pay arbitration award.
Nathaniel Nolan v. Laboratory Corporation of America Holdings
Whether plaintiffs failed to state a claim for unfair trade practices related to potentially misleading statements of costs for lab tests.
The Wall Guy, Inc v. Federal Deposit Insurance Corporation, as receiver for The First State Bank
360 Virtual Drone Services LLC v. Andrew Ritter
Whether N.C. statute providing that only licensed land surveyors may create and share aerial maps containing measurable information restricts speech in violation of the First Amendment.
Center for Environmental Health v. Michael Regan
Whether the district court lacked jurisdiction to review EPA's decision which granted only a small amount of the relief requested in plaintiffs' petition.
Carlos Gomez-Ruotolo v. Merrick Garland
Whether petitioner's prior convictions categorically qualify as crimes involving moral turpitude under the Immigration and Nationality Act.
G.M. v. Michael Martirano
Propriety of ALJ's decisions regarding students special-education eligibility and alleged denial of parental participation.
Peter Massaro v. Fairfax County
Whether court erroneously determined that no genuine issue of material fact existed as to whether Defendant disciplined Plaintiff because of protected activity; other issues.
Leslie Atkinson v. Brent Godfrey
Whether district court erred in denying officer qualified immunity related to officer's actions in responding to a vehicle repossession in progress.
January 24, 2024
Vanda Pharmaceuticals, Inc v. Centers for Medicare & Medicaid Services; Chiquita Brookslasure
Challenge to Agency interpretation of Medicaid Drug Rebate Program's "line extension" provision and what drug formulations qualify as a new drug.
United States v. Michael Hoover
Whether district court properly admitted certain propensity evidence and evidence of prior bad acts in child pornography case; other issues.
United States v. David Whitehead
Whether sufficient evidence supports convictions for smuggling aliens to a place other than a designated port of entry; related issues.
Mark Jones; Michael Taylor; Fred A. Wynn v. United States Merit Systems Protection Board
Whether MSPB correctly found that it lacked jurisdiction over Appellants' Whistleblower Protection Act individual rights action; other issues.
Isai Dubon v. Ur Jaddou
Whether appeal of remand order in case brought under 8 U.S.C. § 1447(b) is interlocutory.
Donald Herrington v. Chadwick Dotson
Whether petitioner had to choose between exercising Fifth Amendment right against self incrimination and Sixth Amendment right to counsel; whether petitioner's appellate counsel was ineffective.
Angel Cartagena v. Allie Lovell
Challenge to dismissal of Eighth and Fourteenth Amendment, ADA, and RA claims related to long-term solitary confinement of mentally ill inmate.
United States v. Terry George, Jr.
Whether trial court erred in denying motion for mistrial where Government failed to timely disclose Brady evidence; other issues.
Elsy Diaz-Hernandez v. Merrick Garland
Whether substantial evidence supports agency's adverse nexus ruling in mixed motive, family-based social group case; other issues.
TBL Licensing, LLC v. Katherine Vidal
Whether district court correctly concluded that Timberland's boot design is unregistrable because it is functional and has failed to acquire distinctiveness.
Mitchell Garnet Evans, Executor of the Estate of Sallie Copeland Evans v. United States of America
Whether Government officer's alleged negligence resulted in foreseeable battery and was independent of tortfeasor's employment status, such that FTCA's intentional tort exception was inapplicable.
United States v. Makel Elboghdady
Whether district court erred in declining to permit entrapment defense; substantive reasonableness of sentence.
United States v. Dashawn Garrett
Whether plea is involuntary because of alleged law enforcement misconduct and Government's late disclosure of evidence that would have revealed the alleged misconduct.
Jill Jinks v. Sea Pines Resort LLC
Whether party had authority to call a funding referendum; whether district court properly determined that unauthorized action was ratified; other issues.
United States v. Darryl Frazer
Whether stop for jaywalking was based on reasonable suspicion; whether search of handcuffed suspect's bag was based on credible threat to officer safety.
Virginia Garcia Cortes v. Merrick Garland
Whether agency improperly assessed hardship to U.S. citizen child in denying cancellation of removal.
John Harrell v. Douglas Deluca
Challenge to dismissal of subcontractor licensing fraud claim on partial summary judgment; other issues.
January 25, 2024
Daniel Phoenix v. Mark Amonette
Whether district court correctly determined that absence of admissible expert testimony necessarily doomed plaintiff's deliberate indifference claim; other issues.
Taylor Quinn v. Christopher Zerkle
Challenge to grant of summary judgment in favor of officers in excessive/deadly force case. Responsive to FOIA request
Mark Zaid v. Department of Justice.
Challenge to district court's grant of summary judgment in favor of DOJ related to agencys withholding of records.
Catherine Antunes v. Xavier Becerra
Whether UVA hospital violated nurse's constitutional rights by terminating her for refusal to receive COVID-19 vaccine or seek medical or religious exemption; other issues.
City of Huntington, West Virginia v. AmerisourceBergen Drug Corporation
Ccwb Asset Investments, LLC v. Gregory S. Milligan, Randel Lewis, 2 and Kevin B. Merrill
United States v. Enrique Lizano
Whether citizen-suit rights are inapplicable where EPA is proceeding in court after having issued an expiring administrative order, under § 303; related issues.
United States v. Daniel Mathis
Whether error under United States v. Rogers, 961 F.3d 291 (4th Cir. 2020), exists with respect to supervision condition requiring warrantless searches.
Kenneth Kelley v. William Bohrer
Whether state court's denial of postconviction petition challenging voluntariness of guilty plea was contrary to clearly established law.
In re: Search Warrants
Whether Government filter team impermissibly performs judicial function when unilaterally designating seized materials as non-privileged.
Ryan G. Carter; Kathleen E. Cole v. United States of America
Whether Feres doctrine bars medical negligence claim brought by inactive member of Air National Guard retroactively called to duty following treatment at military hospital.
Alan Dorrbecker v. Ely Infante
Whether Petitioner has standing to assert a violation of NATO's Status of Forces Agreement; related issues.
Donna Buettner-Hartsoe v. Baltimore Lutheran High School Association
Whether tax exemption under 26 U.S.C. 501(c)(3) constitutes receipt of Federal financial assistance under Title IX of the Education Amendments Act of 1972.
United Therapeutics Corporation v. Comm. IRS
Whether United Therapeutics correctly determined its § 41 research credit by excluding qualified clinical testing expenses.
Elizabeth Sines v. Michael Hill
Cross appeal challenging district court's judgment holding defendants jointly and severally liable and reducing punitive damages award.
Bethney Lovo v. Loren Miller
Whether INA's Waiver Review Provision precludes judicial review of claims related to delays in processing applications.
United States v. Valentino Darosa
Whether defendant's fingerprint on an easily movable notebook present at the crime scene established probable cause to search his car and apartment.
Peter Protopapas v. Travelers Casualty and Sty
Whether district court's remand order based on Barton doctrine and enforcement of forum selection clause is reviewable; merits of district court's ruling.
January 26, 2024
Wall Recycling, LLC v. 3TEK Global, LLC
Whether sales-contract condition precedent to equipment sale was waived; whether any such waiver was retracted by demand to sign contract; other issues.
United States v. Abdi Osman
Whether district court erred in concluding that extraordinary and compelling reasons - health and family circumstances - warranted compassionate release.
Anthony Vines v. Mountaire Farms, Inc.
Whether district court erred granting summary judgment to defendant in N.C. Retaliatory Discrimination Act, wrongful discharge claims.
United States v. Keith Mahatha
Whether court erred in declining to consider First Step Act motion because defendant completed initial term and was facing supervised release revocation; other issues.
W. V. Highlands Conservancy v. ERP Environmental
Whether receiver may transfer permits and execute coal mining subleases at the Chestnut Oak Surface Mine under terms of consent decree.
United States v. Jerod Askew
Whether court erred in sua sponte instructing jury regarding validity of uncontested search warrant; whether court should have given "mere presence" instruction; other issues.
Demetric Simon v. Keith Gladstone
Multi-issue challenge to district court's dismissal of claims against officers who planted evidence and falsely arrested plaintiff.
Donald Stout v. Preston County Sheriff's Department
Sufficiency of objections to the magistrate judge's report; if objections were sufficient, whether complaint states a claim for relief.
Angelo Jackson v. Michael Carin
Whether Defendant's warrant affidavit omitted relevant information to mislead the reviewing judicial officer; propriety of alternative qualified immunity ruling.
Tracie Beard v. John Hiester Chevrolet, LLC
Whether website's Terms of Service authorizing marketing but not specifically prerecorded calls qualifies as prior express written consent under the TCPA; other issues.
Andrew Fields, Iii v. Federal Bureau of Prisons; Warden Streeval; A. W. Goldey; Captain Baker; Mitchell; Mullins; Neff; Ewing; Gayheart; Sessons; Fields; Sloan; Nurse Scott; J. Robbins; Bolling; Garrett; Scholl; Gilbert; Baker; Barker; Farmer; Dickenson; Lieutenant Laffin; Lieutenant Nicholous; Lieutenant Hamilton; Lieutenant Mullins; Hughes; Laster
Whether inmate stated a claim for which damages are available in light of Egbert v. Boule, 142 S. Ct. 1793 (2022).