Richmond, VA

Challenge to district court's order remanding state-constitutional claim for lack of subject matter jurisdiction and declining to exercise supplemental jurisdiction.

Dismissal of consolidated class action under Driver's Privacy Protection Act for failure to establish Article III standing; sufficiency of injury-in-fact allegation.

Challenge to HHS decision to exclude doctor from participation in federal healthcare programs following his conviction for misbranding prescription drugs.

Challenge to district court's denial of party-in-interest-appellant's motion to quash subpoena issued pursuant to 28 U.S.C. § 1782.

Whether district court erred granting summary judgment for defendants who failed to warn cropduster pilot of cable suspended above field, resulting in crash and death.

Challenge to district court's dismissal of First Amendment claims related to city's allegedly deficient responses to public records requests.

Challenge to grant of judgment as a matter of law finding that Plaintiff's conduct violated the TCPA and defendant had not engaged in shame litigation.

Whether West Virginia's restrictions on access to mifepristone are preempted by the Food and Drug Administration Amendments Act of 2007; related issues.

In denying motion to reopen, whether Board applied an improperly heightened standard in evaluating prima facie eligibility for cancellation of removal; other issues.

Whether $31 million default judgment imposed as a discovery sanction was "unduly severe. "

Whether retaliatory false police report constitutes material adverse act and would deter person of ordinary firmness from exercising constitutional rights.

Whether acceptance of responsibility reduction is permitted where defendant proceeded to trial to preserve right to appeal denial of suppression motion. 15 mins.

Whether district court erred in granting summary judgment against pro se plaintiff by weighing evidence, not allowing discovery, or providing inadequate Roseboro notice.

Whether the district court erred in concluding appellant failed to prove his claims of malicious prosecution.

Whether district court abused its discretion in imposing a 17-day time-served sentence for possession of child pornography and other cybercrimes.

Whether district court procedurally erred in failing to address nonfrivolous arguments for a more lenient sentence.

Multi-issue challenge to district court's denial of habeas relief in capital case, including whether appellant's FASD is functionally equivalent to an intellectual disability, precluding execution.

Whether Plaintiff lacked standing to challenge the Small Business Administration's § 8(a) Business Development Program as racially discriminatory; other issues.

Whether bankruptcy court correctly interpreted law firm's operating agreement to find that Appellant was properly included on equity security holder list; other issues.

Whether district court correctly dismissed Plaintiffs' civil RICO claims and related causes of action for failure to adequately plead proximate cause; other issues.

Whether competency determination may be delegated to magistrate judge under 28 U.S.C. § 636(b)(1)(A); whether challenge to competency determination may be waived by failure to object.

Whether district court erred in granting summary judgment on negligent hiring claim and in excluding expert testimony.

Challenge to OIG's advisory opinion finding that plan to help financially needy cancer patients afford oncological Pharmaceutical Coalition for Patient Access drugs would violate anti-kickback statute.

Whether Virginia distribution of schedule I or II controlled substance is controlled substance offense under Guidelines; whether 21 U.S.C. § 841(a)(1), (b)(1)(C) is divisible.

Challenge to district court's grant of plaintiffs' motion for class certification in action alleging violations of Fair Act.

Whether federal or state law should provide basis for Guidelines attempted murder cross reference and whether intoxication defense was available; other issues.

Challenge to grant of summary judgment on § 1983 claims related to wrongful conviction involving allegations of fabricated evidence and coerced testimony.

Whether district court erred in denying qualified immunity to officer who shot another officer while they were attempting to execute a search warrant.

Whether the district court improperly resolved material issues of fact in granting summary judgment for the city in this inverse condemnation action; other issues.

Whether dismissal of indictment for violation of Speedy Trial Act should have been with prejudice; other issues.

Whether district court correctly granted Plaintiff summary judgment on breach of indemnity agreement claim; other issues.

Whether 18 U.S.C. § 922(g)(1) as applied to the defendant violates the Second Amendment; whether that issue is subject to plain-error review.

Challenge to district court's dismissal of student's claims under the Takings Clause against school district related to special education during COVID-19 pandemic.

Challenge to district court's calculation of criminal history points related to North Carolina conviction resulting in "split sentence" or "special probation".

Whether personal jurisdiction existed over Israeli company that conducted covert surveillance of appellant's smartphone while appellant lived in Virginia.

Challenge to grant of summary judgment in favor of defendants in case alleging multi-million-dollar kickback scheme.

Whether district court had jurisdiction over motion for reconsideration in postconviction relief proceeding while appeal of underlying order was pending.

Whether the Federal Circuit has jurisdiction under 28 U.S.C. § 1295(a)(1) or this Court has jurisdiction under 28 U.S.C. § 1291; other issues.

Whether court improperly shifted burden of proof to plaintiff; whether contracting out detainees' medical care absolves county of liability for substandard treatment.

Whether BOP may base eligibility determinations under 18 U.S.C. § 3632(d)(4)(D) on presentence report rather than relying solely on offense of conviction.

Whether district court erred in admitting entire forensic interview of minor victim as prior consistent statement rather than specific portions; whether error was harmless.

Whether city ordinance restricting vulgar speech is protected by the First Amendment.

Whether Va. Code Ann. section18.2-96 qualifies as a crime involving moral turpitude (CIMT); whether Board member had authority to adjudicate after appointment expired.

Whether district court properly granted summary judgment to prison officials on ground that prisoner failed to exhaust his administrative remedies.

Whether district court erred in concluding that no trademark infringement occurred where parties operate in distinct geographic markets, thus foreclosing a finding of consumer confusion.

Whether the district court erred in granting class certification on breach of contract and fraudulent concealment claims; other issues.

Challenge to district court's dismissal of claims for race and disability discrimination and retaliation by healthcare provider.

Fourth and Fifth Amendment challenges to school administrators' investigatory techniques producing evidence used in criminal prosecution of student.

Whether federal inmate established entitlement to relief under FTCA and Rehabilitation Act related to BOP's failure to provide medical assistance for glaucoma.

Whether the district court abused its discretion in admitting video evidence of Smith possessing a firearm; other issues.

Whether upward departure sentence based on under-represented seriousness of criminal history is procedurally reasonable; substantive reasonableness. 15 Mins.

Whether district court properly rejected as speculative Appellant's assessment of highest and best use of condemned property; other issues.

Whether district court properly excluded Appellant's expert's appraisal in condemnation proceeding; other issues.

Whether district court properly excluded Appellant's expert's appraisal in condemnation proceeding; other issues.

Whether the district court imposed an unreasonable sentence by denying the defendant an adequate opportunity to exercise his allocution rights.

Whether mandate rule barred filing of second amended complaint and, if not, whether that complaint alleged sufficient facts to pierce public official immunity.

Whether counsel was constitutionally deficient for failing to advise that guilty plea to aggravated felony invoked mandatory deportation; mandate rule application.

Whether district court erred in refusing to lift asset freeze securing equitable monetary relief held to be unlawful by this court; related issues.

Whether plaintiffs failed to exhaust required administrative remedies regarding claims that COVID-related school closures deprived students of rights under IDEA; other issues.

Whether evidence was sufficient to show agents were in reasonable apprehension of immediate bodily harm; other issues.

Challenge to district court's certification of class in large data security breach case.

Whether Lubkin's prior convictions for manufacturing methamphetamine under S.C. Code § 44-53- 375 qualify as serious drug offenses under the Armed Career Criminal Act. No published authority on whether §

Whether appellants "clickwrap agreement" gave clear notice to appellees that they had agreed to the company's terms of use.

Whether district court erred in applying Discretionary Function Exception to immunize government for failure to maintain navigational aid lighting system warning boaters of dike.

Whether time to file motion to vacate under Federal Arbitration Act runs from tribunal's original award or from First Kuwaiti General Trading & Contracting later decision modifying award; other issues. & Root International, Inc.

Challenge to dismissal of religious accommodation and disparate treatment claims related to conflict between religious belief and COVID-19 vaccination requirement

Whether federal forced labor statute, 18 U.S.C. § 1589, prohibits forcing family member to perform domestic labor; Batson challenge; other issues.

Challenge to application of North Carolina Rule of Civil Procedure 9(j) to medical negligence claim raised by prisoner; other issues.

Propriety of summary judgment finding no genuine issue of material fact regarding whether parties entered into a binding agreement; breach of contract counterclaim.

Whether physician's reuse of single-use medical device violated FFDCA; whether aggravated identity theft charges survive Dubin v. United States; other issues.

Whether the district court erred in declining to enforce arbitration agreement in adhesion contracts; other issues.

Whether plan administrator adequately explained basis for disagreeing with plaintiff's evidence of disability in decision terminating long-term disability benefits.

Whether the leadership enhancement under USSG § 3B1.1 was clearly erroneous. 15 mins.