Richmond, VA
March 19–22, 2024
March 19, 2024
Harris Ford v. Erik Hooks
Whether district court erred in granting summary judgment on failure to protect claim because prisoner failed to identify future attacker; other issues.
Estate of Ke Zhengguang v. Yu Stephany
Challenge to district court order recognizing and enforcing Chinese arbitration agreement.
Ministry of Defence of the State of Kuwait v. Joseph Naffa
Propriety of district court relying on potential defenses to claims to determine Plaintiff did not satisfy amount-in-controversy requirement for diversity jurisdiction; other issues.
United States v. Patrick Sutherland
Whether movant was denied effective assistance of counsel; whether district court erroneously granted Government's motion to dismiss without first conducting an evidentiary hearing.
Hobet Mining Company v. Leroy Workman
Amy Craven v. Christopher Novelli
Challenge to district court's grant of summary judgment in favor of officers and town related to excessive force claims.
Caron Nazario v. Joe Gutierrez
Whether district court properly awarded qualified immunity to defendant officers on First and Fourth Amendment claims related to traffic stop of plaintiff.
United States v. Timothy Olson
Whether conditions of supervised release are plainly substantively unreasonable, including prohibitions against "excessive use of alcohol" and "possession of children's items." 15 mins.
SZY Holdings, LLC v. Rico Garcia
Whether district court erred in finding Appellants defaulted on right to arbitrate despite invoking arbitration clause prior to filing an answer; other issues.
68th Street Site Work Group v. Alban Tractor Co., Incorporated
Whether CERCLA "arranger liability" requires knowledge that disposed substances contain hazardous materials.
Byron David v. Donald King
Whether bankruptcy court erred in approving professional retention application submitted by Chapter 11 Trustee after his appointment was terminated.
Hanumant Joshi v. Merrick Garland
Whether petitioner's allegations of past harm and feared future harm qualify as "persecution"; propriety of adverse nexus ruling in mixed motive case; other issues.
Julius Hodges v. Peter Meletis
Whether inmate stated plausible claim of cruel and unusual punishment by alleging voluntary work program exposed participants to COVID-19 and other hazards.
David Marquez Cruz v. Merrick Garland
Whether "crime of child abuse" under 8 U.S.C. 1227(a)(2)(E)(i) includes inchoate or strict liability offenses.
Metropolitan Washington Airports Authority v. Gary G. Pan, Commissioner of the Virginia Department of Labor and Industry
Whether district court erred finding the agreement between Virginia and D.C. to operate area airports preempts Metropolitan Washington Airports Authority Virginia's workplace safety laws.
Michael Scott v. Baltimore County, Maryland
Whether incarcerated workers working outside of the prison are employees covered by FLSA.
Stephen Stanko v. Bryan Stirling
Multi-issue capital appeal challenging denial of specialist services, effective assistance of counsel, composition of the jury, and other issues.
March 21, 2024
Living Lands, LLC v. Harold Ward
Challenge to district court's dismissal of environmental claims related to solid waste disposal.
Michael Shipton v. Baltimore Gas and Electtric Company; Exelon Corporation, Exelon Business Services Company, LLC; Michael Grosscup; Edward Wolford; Jeanne Storck; Bindu Gross
Whether district court erred granting summary judgment for defendant employer who terminated employee based on belief that he was misusing FMLA leave.
Csx Transportation, Inc v. Norfolk Southern Railway Company; Norfolk & Portsmouth Belt Line Railroad Company
Whether statute of limitations precludes rail company's antitrust claims alleging anticompetitive switch rate pricing for access to Norfolk International Terminals.
United States v. Willie Slocum, Jr.
Propriety of the district court's rejection of Slocum's claim that counsel was ineffective in failing to challenge Count 2 of the indictment as multiplicitous.
Millanyo Woody v. Nance, Warden
Whether court erred by declining to reopen appeal period; if appeal is timely, whether counsel's failure to object to certain testimony constitutes ineffective assistance.
Mountain Valley Pipeline, LLC v. 8.37 Acres of Land
Whether district court erred in granting Fed. R. Civ. P. 50 motion in action involving value of land condemned for issues.
March 22, 2024
Kenneth Jenkins v. Calvin Woodard
Whether the court has jurisdiction to review interlocutory orders; propriety of summary judgment absent appointment of counsel and additional time for discovery.
United States v. Trecika Dunlap
Whether district court or Government breached Rule 11(c)(1)(C) plea agreements; reasonableness of downward-variant sentences.
Terrance Henderson v. J. Harmon
Whether delays in prison disciplinary hearings denied due process; whether court erred in declining to exercise supplemental jurisdiction over state law claims.
United States v. Zackary Sanders
Whether the district court erred in finding that 18 U.S.C. § 2253 requires forfeiture of the entirety of Defendant's electronic devices; related issues.
United States v. Zackary Sanders
Whether district court properly instructed jury regarding intent and meaning of lascivious exhibition in child pornography case; related issues.
United States v. Jarohn Parham
Whether Virginia use of a firearm, Va. Code Ann. § 18.2-53.1, and Virginia common law robbery are violent felony offenses under USSG § 4B1.2(a)(1).
Sherita Hicks v. Anne Arundel County
Whether district court properly excused juror under Fed. R. Civ. P. 47(c) because juror expressed to Plaintiff desire to hug her; other issues.
United States v. Bobby Lee Minton
Whether defendant's speedy trial right was violated by transportation delay occurring after defendant was declared incompetent.
Justin Black v. West Virginia State Police
Interlocutory appeal from district court's denial of qualified immunity in § 1983 wrongful conviction claim.
United States v. El Elsheikh
Whether district court erred in admitting various out-of-court statements.
Christine Gibbons v. Betty Gibbs
Whether the district court erred in denying motion to dismiss official capacity claims based on Eleventh Amendment immunity.
United States v. Lamar Perdue
Whether the district court plainly erred by not informing Defendant during plea hearing of advance knowledge element of aiding and abetting § 924(c) offense.
United States v. Andre Briscoe
Whether the district court erroneously denied Appellant's motion to dismiss the indictment as untimely; other issues.
Marshall Todman v. The Mayor and City Council of Baltimore
Multi-issue cross-appeal raising due process concerns related to city's ordinance governing disposal of personal property after evictions.