Richmond, VA
May 7–10, 2024
May 7, 2024
Caroline Reynolds v. USAA Life Insurance Company
Whether oral agreement between insurer and insured was sufficient to cancel life insurance policy; other issues.
United States v. Gilbert Melvin
Whether, after purporting to terminate appellants supervised release, district court retained jurisdiction to reconsider decision.
Duke Energy Carolinas, LLC v. NTE Carolinas II, LLC
Challenge to grant of summary judgment in favor of Duke Energy, finding no triable issue as to whether Duke’s conduct was anticompetitive.
Xunhui Cheng v. Dan Liu
Challenge to district court’s denial of class certification in international Ponzi scheme litigation.
Michael Camoin v. Nelnet, Inc.
Whether public right of access attaches to summary judgment documents when the case settles prior to a ruling on summary judgment.
Jane Doe v. Charlotte Mecklenburg Board Education
Propriety of partial summary judgment; reduction of sanctions award recommended by magistrate judge based of on defendant’s discovery abuses; other issues.
Dominion Coal Corporation v. Director, Office of Workers’ Compensation Programs, United States Department of Labor
Ka'lah Martin v. Travis Short
Whether district court erred granting qualified immunity to officers in excessive force case.
United States v. Harry Moody
Whether district court abused its discretion in denying Defendant’s multi-faceted motion for compassionate release.
United States v. Hysen Sherifi
Whether, under plain-error review, Apprendi error was harmless; whether district court erred in applying hate crime enhancement under the Sentencing Guidelines; other issues.
Corotoman, Inc. v. Central West Virginia Regional Airport Authority
Whether the district court erred in applying gross disproportionality doctrine rather than cost-to-complete as the measure of damages.
Erie Insurance Exchange v. Maryland Insurance Administration
Whether district court abused its discretion in declining to rule on motion for preliminary injunction, relying on Younger and Burford abstention doctrines; other issues.
Johnnie Simmons, Jr. v. R. Whitaker
Propriety of district court's conclusion on bystander liability of some Defendants for excessive force claim under 42 U.S.C. § 1983; other issues.
Anthry Milla v. Officer Brown
Whether the district court erred in granting summary judgment to Defendants on 42 U.S.C. § 1983 complaint alleging Fourth Amendment unreasonable detention claim.
May 8, 2024
United States v. Jamie Henderson
Whether evidence sufficiently corroborated Defendant's confession to multiyear drug conspiracy with major local drug dealer.
SC Dept of Parks, Recreation and Tourism v. Google LLC
Whether state’s voluntary involvement in antitrust action against private corporation waived its sovereign immunity, such that state was subject to federal subpoena; other issues.
Red Apple Development, LLC v. Rufus Road Partners, LLC
Propriety of Fed. R. Civ. P. 50(b) determination that contract’s condition precedent was ambiguous; propriety of denial of motion to withdraw stipulation.
Global Innovative Concepts, LLC v. State Florida
Whether district court erred in determining that Florida Department of Emergency Management waived of sovereign immunity.
Mark McEvoy v. Diversified Energy Company PLC
Whether order denying motion to dismiss based on failure to join necessary and indispensable sovereign party is immediately appealable under collateral order doctrine.
Wakita Doriety v. Matthew Sletten
Challenge to district court’s dismissal for failure to state a claim in case involving law enforcement killing during a traffic stop.
Nathan Barnett v. Cabell County Commission
Challenge to district court’s dismissal of Monell claim against defendant county based on prosecutors’ role in wrongful conviction.
Williams Ohio Valley Midstream, LLC v. Phillip Kittle
Whether right-of-way agreement created one easement or two distinct easements; propriety of preliminary injunction based on right-of-way agreement.
William Lyons v. PNC Bank, N.A.
Whether district court erred in holding certain provisions of TILA and RESPA do not apply to a HELOC mortgage loan.
United States ex rel. John Doe v. Credit Suisse AG
Whether district court erred dismissing qui tam suit over relator’s objection without a hearing.
United States v. Robert Ellis
Sylivia Smith-Phifer v. City of Charlotte
Challenge to district court’s order granting enforcement of settlement agreement in favor of defendant city.
Moke America LLC v. Moke International Ltd.
Whether district court erred in shifting the burden after trial, requiring showing of non-genericness of mark; party presentation principle; other issues.
United States v. Kenneth Watkins
Whether admission of rap lyrics was unduly prejudicial; calculation of drug weight for Eutylone.
Sheila Webb v. Leon Lott
Multi-issue appeal, including challenges to district court’s refusal to bifurcate proceedings and decisions on admissibility of evidence.
Jake's Fireworks Inc. v. United States Consumer Product Safety Commission
Whether appellant is entitled to judicial review of agency’s notice of non-compliance.
Adams Outdoor Advertising Limited Partnership v. Beaufort County; Eric Greenway, Beaufort County Administrator; Hillary Austin, Zoning and Development Administrator for Beaufort County
Whether the appellant’s constitutional challenges to a county billboard ordinance are moot under the pending-ordinance doctrine; other issues.
Sheila Trantham v. Steven Tate
Standing to appeal; whether bankruptcy court exceeded its authority by adopting local plan form mandating that property of estate vests after final decree.
Stanley Friedler, M.d.; Gail Friedler; Richard Friedler; Milan Wister, M.d.; Amy Wister; Philip Kontis, M.d.; Cindy Kontis; Gordon Boone v. Stifel, Nicolaus, & Company, Inc; Coleman Joseph Devlin
Whether the district court erred in concluding that Petitioners failed to show that the arbitration panel manifestly disregarded the law.
May 9, 2024
Berkley Assurance Company v. CBG Building Co.
Whether building contractor’s mold remediation qualified as “pollution loss” under insurance policy; other issues.
Capitol Broadcasting Company, Incorporated; Mcclatchy Company, LLC v. City of Raleigh, North Carolina; City of Salisbury, North Carolina; City of Kannapolis, North Carolina; North Carolina Department of Public Safety; North Carolina State Highway Patrol Department
Whether district court had jurisdiction over declaratory judgment action regarding interpretation of Drivers Capitol Broadcasting Company, Incorporated Privacy Protection Act, 18 U.S.C. § 2721.
Warren Balogh v. Commonwealth of Virginia Amendment;
Whether Appellees violated the First Amendment and the Equal Protection Clause of the Fourteenth related issues.
Dolores Ortega-Cordova v. Merrick Garland
Whether solicitation of prostitution under Virginia law is categorically a crime involving moral turpitude.
National Association for Rational Sexual Offense Laws; Nc Rsol; John Doe 1; John Doe 2 v. Attorney General Joshua Stein; District Attorney Lorrin Freeman; District Attorney Sean Boone; District Attorney Reece Saunders
Challenge to North Carolina’s sex offender registration scheme as ex post facto punishment. National Assoc. For Rational Sexual Offense Laws
Julia Kim v. Cedar Realty Trust, Inc.
Challenge to dismissal of stockholder claims against Directors related to deal that netted millions of dollars for common stockholders and nothing for preferred stockholders.
Lee Harris, Sr. v. Town of Southern Pines
Whether defendant officers were properly awarded summary judgment on malicious prosecution and fabrication of evidence claims.
We CBD, LLC v. Planet Nine Private Air, LLC
Whether district court erred in granting summary judgment to defendant cargo carrier in case involving cargo destroyed by U.S. Customs and Border Protection.
D.C. v. Fairfax County School Board
Multi-issue challenge to district court's dismissal of plaintiff’s IDEA claims.
Kevin Younger v. Neil Dupree
Whether prison’s internal investigation fulfilled inmate-plaintiff’s administrative exhaustion requirement under PLRA.
United States v. Maggie Boler
Whether "loss", as used in USSG § 2B1.1(b)(1), means only actual loss or also includes intended loss, as stated in the commentary to that provision.
United States v. Izzat Freitekh
Northern Virginia Hemp and Agriculture, LLC v. Commonwealth of Virginia
Whether Virginia’s total THC standard is preempted by the Farm Act; whether sales restriction violates dormant Commerce Clause.
Latoya Benton v. Seth Layton
Challenge to district court’s finding of qualified immunity for officers who shot and killed an individual during a traffic stop.
May 10, 2024
United States v. David Minkkinen
Askari Lumumba v. Jeffrey Kiser
Whether Virginia prison disciplinary code prohibiting inmate from encouraging others to participate in group demonstration is unconstitutional under void-for-vagueness and overbreadth doctrines.
United States v. Quentin Horsley
Carmen Wannamaker-Amos v. Purem Novi, Inc.
Whether district court erred in granting defendant summary judgment on plaintiff’s discrimination claims.
Kim Shook v. NCG Acquisition, LLC
Whether licensed substance abuse counselor plaintiffs failed to state a claim for wrongful discharge in violation of public policy.
United States v. Douglas Whitley
Whether Whitley’s convictions for Hobbs Act robbery and carjacking violate the Double Jeopardy Clause.
Baltimore Gas and Electric Company v. Coastline Commercial Contracting, Inc.
Whether district court erred in holding Eli Cove was not a navigable waterway for purposes of admiralty jurisdiction.
Kenneth Brooks v. Commissioner of Internal Revenue
Multi-issue challenge to tax court’s disallowance of carry-forward charitable deductions for a conservation easement.
Darlene Faye Lancaster, wife, heir and executor of the estate of her late husband, Commander Allen Lee Lancaster, Chc, Usn (ret) v. The Secretary of the Navy; the Chief of Naval Personnel; the Navy Chief of Chaplains
Whether decedent’s spouse had to present meritorious argument to preclude denial of Rule 60(b) motion when of the Navy substitute party had not been named.
United States v. Marcus Ashford
Whether the court reversibly erred when it failed to afford Appellant an opportunity to allocute before the court imposed sentence; other issues.
Family Health Physical Medicine, LLC v. Pulse8, LLC
Whether plaintiff adequately alleged the fax it received is an advertisement under the TCPA.
United States v. Aghee Smith, II
Whether Defendants were denied the right to a public trial when video feed did not show jury.
Kristee Boyle v. Joseph Azzari, Jr.
Whether the district court erred in granting summary judgment to police officer on Plaintiff’s excessive force claim; other issues.
Jong Lee v. Agape Health Management, Inc.
Whether district court adequately explained fee award, and whether court erred in reducing claimed fees.
Rashad Riddick v. Jack Barber
Whether involuntarily-committed Appellant alleged facts sufficient to overcome presumption of validity accorded professional judgments regarding prolonged restraint and seclusion; related issues.