Richmond, VA
September 24–27, 2024
September 24, 2024
Island Creek Coal Company v. Jerry L. Blankenship
Whether ALJ conflated elements of pneumoconiosis and total disability when determining miners eligibility for benefits; other issues. 15 Mins.
Edwin Escobar-Salmeron v. Stephen Moyer
Whether the district court erred in granting summary judgment to Defendants on excessive force claim without addressing Plaintiff's discovery request.
United States v. Jarred Ford
Whether Defendant validly waived his right to the assistance of counsel at trial; whether Defendant's sentence is procedurally reasonable; other issues.
W.S. v. Cassandra Daniels
Whether district court erred in granting setoff of jury's damages award upon finding that damages could not be allocated between defendants.
United States v. Rhonda Notgrass
Whether Defendants' challenges to conditions imposed on their 60-month probationary sentences are barred by the appeal waivers in their plea agreements.
United States v. William Davis, Jr.
Whether district court adequately addressed arguments for a lower sentence. 15 mins.
Tati King v. Glenn Youngkin
Challenge to district court's denial of Eleventh Amendment Immunity in felon disenfranchisement case.
Michael Naimoli, Jr. v. Pro-Football, Inc.
Whether the district court correctly denied Appellants' motion to compel arbitration and dismiss; other issues.
Charles Martin v. Jeffrey Nines
Government appeal of district court's grant of habeas relief based on Brady violations, requiring new trial within 60 days or release from custody.
United States v. Charles Pittman
As applied constitutional challenge to 18 U.S.C. § 844(f)(1), arson of structure owned by organization or institution receiving federal funds.
Keyes Law Firm, LLC v. Paul Napoli
Whether district court had authority to impose sanctions for conduct that occurred in another judicial forum; other issues.
Felix Saloman-Guillen v. Merrick Garland
Whether, when BIA member ruled after expiration of six-month temporary term under 8 C.F.R. § 1003.1(a)(4), BIA's ruling was ultra vires; other issues.
Southern Appalachian Coal Company v. Arvil F. Hendricks
September 25, 2024
Thomas Fluharty v. Philadelphia Indemnity Insurance Company
Whether an insurance policy's right to consent to settlement becomes property of the insured's bankruptcy estate; issues of standing.
West Virginia Parents for Religious Freedom; Pastor Chris Figaretti; Judd Uhl v. Dr. Matthew Christiansen
Whether enactment of W. Va. Code § 35-1A-1 moots First Amendment challenge to public school West Virginia Parents for Religious Freedom vaccination mandate, W. Va. Code § 16-3-4.
USA Farm Labor, Inc. v. Julie Su
Challenge to district court's refusal to preliminarily enjoin DOL's Final Rule regarding methodology for setting H-2A agricultural worker visa program's Adverse Effect Wage Rate.
United States v. Stephan Bullis
Whether Bullis had fully discharged sentences on certain offenses such that the court violated Double Jeopardy on resentencing by increasing sentences on those offenses.
Clay Fitzgerald v. Botetourt County, Virginia
Tiber Creek Partners, LLC v. Ellume USA LLC
Whether the district court correctly dismissed Appellant's actions under the forum non conveniens doctrine; other issues.
Siddhanth Sharma v. Alan Hirsch
Challenge to procedures for placing candidates on North Carolina primary ballot.
United States v. Margaret Sutton
Whether there was sufficient evidence to support drug and firearm convictions.
United States v. Nathaniel Powell
Whether Powell's trial counsel provided ineffective assistance by failing to investigate a residential lease when challenging a sentencing enhancement.
Shelby Roberts v. Carter-Young, Inc.
Challenge to district court's dismissal of case arising from consumer dispute under the Fair Credit Reporting Act.
United States v. David Shanton, Sr.
Whether Maryland robbery remains a violent felony after the Supreme Court's decision in Borden v. United States, 593 U.S. 420 (2021).
Edward Gelin v. Baltimore County, Maryland Amendment
Whether magistrate judge properly denied qualified immunity to correctional officers on Eighth deliberate indifference claim related to inmate's suicide; other issues.
Empower Oversight Whistleblowers & Research v. National Institutes of Health
Propriety of summary judgment in action challenging NIH responses to FOIA requests regarding submission and Empower Oversight Whistleblowers & withdrawal of COVID-19 genetic sequences to database.
Jay Folse v. Tiffany Hoffman
Whether district court erred in dismissing pro se plaintiff's facsimile-filed complaint filed on last day of statute of limitations period.
United States v. Russell Laffitte
Sufficiency of evidence for wire fraud as aider/abettor and principal; propriety of district court's waiver of interest on restitution; other issues.
United States v. William Jeffery
Whether district court erred in denying defendant's motion to suppress images uploaded to private search engine; other issues.
Davina Ricketts v. Wake County Public School System
Matthew Linger v. Commissioner of Social Security
Whether the ALJ adequately explained the non-exertional limitations in the residual functional capacity; other issues. 15 Mins.
United States v. Allen McNeil
Whether trial counsel provided ineffective assistance by failing to move to suppress evidence seized from an outbuilding on the curtilage of Appellant’s residence.
September 26, 2024
United States v. Joshua Belcher
Whether district court erroneously excluded evidence of stepfather's prior conviction during defendant's trial for illegally possessing firearm found in his stepfather's car; other issues.
In re: Scott Rendelman
Whether Counterman v. Colorado, 143 S. Ct. 2106 (2023), is a new rule of constitutional law that applies retroactively to cases on collateral review.
M.P. v. Meta Platforms Inc.
Whether § 230 of the Communications Decency Act immunizes social media company for torts arising from the company's platform design; other issues.
Curtis Wells, Jr. v. Javier Fuentes
Whether civilian officer who left jurisdiction and initiated traffic stop based only on "feeling that something was wrong" was entitled to qualified immunity.
Monal Patel v. United States Department the Army
Whether the district court properly dismissed Patel's Privacy Act claims for lack of subject matter jurisdiction; of other issues.
Byron Johnson v. Eldor Automotive Powertrain USA
Whether district court correctly applied the "manager's rule" in granting Defendant summary judgment on FLSA retaliation claim; other issues.
Jason Bell v. J. Streeval
Whether Appellant can utilize 28 U.S.C. § 2255(e)'s savings clause to challenge the legality of his sentence under 28 U.S.C. § 2241.15 Mins.
Pablo Espin v. Citibank, N.A.
Whether credit card agreement's arbitration clause is enforceable against military servicemembers in light of 2019 amendments to the Servicemembers Civil Relief Act.
Appalachian Power Company v. Federal Energy Regulatory Commission
David Frizzell v. Chadwick Dotson
Whether counsel's failure to argue Commonwealth shifted burden of proof regarding intoxication defense to premeditation element of attempted capital murder was ineffective; other issues.
Phillip Alig v. Rocket Mortgage, LLC
Whether mortgage company's appraisal process resulted in cognizable injury for purposes of standing.
United States ex rel. Lisa Wheeler v. Acadia Healthcare Company, Inc.
Whether stipulated penalty provisions in corporate integrity agreement were "obligations" for purposes of a reverse false claim under 31 U.S.C. § 3729; other issues.
Modern Perfection, LLC v. Bank of America, N.A.
Whether district court properly compelled arbitration of claims related to later contract not containing arbitration clause because earlier contract between same parties contained arbitration clause.
United States v. Tytus Shields
Whether the district court procedurally erred by failing to address the defendant's argument for a lower sentence, and if so, whether that error is harmless. 15 Mins.
James Boley, Jr. v. Armor Correctional Health Services, Inc.
Whether court erred in finding renewed motion under Fed. R. Civ. P. 50(b) was not based on grounds raised at close of evidence; related issues.
Design Gaps, Inc. v. Shelter, LLC
Whether arbitrator was required to issue a reasoned award, and if so, whether arbitrator satisfied standard for such an award.
Jeremiah Sweeney v. Richard Graham, Jr.
Whether district court erred in denying 28 U.S.C. § 2254 petition alleging ineffective assistance arising out of failure to request Remmer hearing.
Mohamed Lamine Kouyate v. Merrick Garland
Multi-pronged challenge to agency's denial of deferral of removal; whether Petitioner waived arguments related to aggravated felony/particularly serious crime designations.
United States v. Chadrick Fulks
Whether convictions for kidnapping resulting in death and carjacking resulting in death qualify as crimes of violence under 18 U.S.C. 924(c)(3).
September 27, 2024
United States v. Rose-Marie Nsahlai
Whether district court erred by prohibiting evidence that spouse was controlling and abusive as defense to the mens rea element of offenses; other issues.
United States v. Cornelius Mayberry
Whether district court erred by denying motion to suppress evidence acquired after warrantless arrest and warrantless search of backpack; other issues.
United States v. Jarvis Jackson
Whether the district court violated the mandate rule at resentencing by again enhancing Sentencing Guidelines range based on prior South Carolina drug distribution convictions. 15 mins.
United States v. Mark Bolling
Whether officer had reasonable suspicion to extend traffic stop to conduct dog sniff; multiple other issues.
United States v. Herbert Murillo-Lopez
Whether admission during sentencing hearing can substitute for proof of element during trial; constitutionality of 18 U.S.C. § 922(g)(5) following Bruen; other issues.
John Sigley v. ND Fairmont LLC
Whether district court correctly granted summary judgment on unlawful medical inquiry claim after finding that Plaintiff voluntarily disclosed medical information to Defendant; other issues.
Julie Su v. Medical Staffing of America, LLC
Whether nurses were employees or independent contractors for purposes of FLSA.
Adolfo Acevedo Ibarra v. Merrick Garland
Whether, under 8 U.S.C. § 1252(a)(2)(B)(i), (D), this Court has jurisdiction to review Petitioner's arguments pertaining to agency's adverse moral character ruling.
United States v. David Chang
Whether increased term of supervise release imposed on remand for resentencing was vindictive.
Fabian Grey v. Ur Jaddou
Summary judgment on naturalization petition for lack of good moral character; exemption and sealing of FOIA records after public disclosures.
United States v. Stephen Simmons
Constitutionality of 18 U.S.C. § 922(g)(3) and application of USSG § 2K2.1(a)(4)(B)(ii)(I) following Bruen.
United States v. Christopher Kuehner
Whether conviction for engaging in child exploitation enterprise requires proof that defendant committed each predicate felony violation in concert with three others; other issues.
Bryan Molina-Diaz v. Merrick Garland
Propriety of agency's analysis of "government control element" for asylum claim and of ineffective assistance of counsel claim as related to reopening; other issues.