Richmond, VA
December 10–13, 2024
December 10, 2024
Darrell Austin, Jr. v. Experian Info. Solutions, Inc.
Whether district court erred in denying Appellant's motion to compel arbitration; other issues.
United States v. Anthony Williams
Whether court reversibly erred by admitting hearsay statements at revocation hearing based, in part, on determination that Government established good cause for witness's absence.
United States v. Trevor Boggs
Whether error under Erlinger v. United States, 144 S. Ct. 1840 (2024), is harmless; standard for assessing Erlinger error harmlessness in guilty plea context.
Mr. Dee's Inc. v. Inmar, Inc.
Challenge to district court's decision declining to certify a manufacturer class.
United States v. Ronald Contreras
Whether district court erred in admitting graphic videos and evidence of uncharged crimes unrelated to the defendants; other issues.
United States v. Taeyan Williams
Whether evidence was sufficient for drug possession conviction; propriety of remand for determining applicability of USSG § 4C1.1 for zero-point offender; other issues.
Marlon McDougall v. Merrick Garland
Whether Board erred in application of Convention Against Torture's specific intent requirement; other issues.
Employers' Innovative Network, LLC v. Bridgeport Benefits, Inc.
Challenge to arbitration award where arbitrator is alleged to have conflict of interest arising from unrelated $18m claim against his law firm by a party to the arbitration.
United States v. Rashun Suncar
Whether 35 Pa. Stat. and Cons. Stat. § 780-113(a)(30) (West 2024) is a controlled substance offense under the Sentencing Guidelines.
United States v. Kewan Shade
Whether North Carolina assault with a deadly weapon with intent to kill is a crime of violence under the Guidelines.
Steve Kovachevich v. National Mortgage Insurance Corporation
Whether district court correctly dismissed Plaintiff's claim for return of unearned premiums, brought pursuant to the Homeowners Protection Act; other issues.
Estate of Trina L. Cunningham v. Mayor and City Council of Baltimore
Whether district court erred by finding that, to succeed on state-created danger claim under § 1983, claimant must show intent to harm; other issues.
Melvin Funez-Ortiz v. Merrick Garland
Whether, on a government appeal, the Board committed legal error and abused its discretion in overturning the immigration judge's grant of deferral of removal.
United States ex rel. Ganesa Rosales v. Amedisys North Carolina, L.L.C.
Whether district court erred in dismissing relator's FCA claim under the first to file rule.
Joe Manis v. U.s. Department of Agriculture; Brooke L. Rollins
Whether, in light of SEC v. Jarskey, district court erred in denying preliminary injunction in action challenging enforcement of Horse Protection Act.
Frank Black v. Securities and Exchange Commission
Multi-issue constitutional challenge to FINRA/SEC adjudication.
December 11, 2024
Leanna Coffman v. Nexstar Media Inc.
Whether district court erred in granting summary judgment to Defendant on Plaintiff's claim alleging failure to provide reasonable disability accommodations under West Virginia law.
Delmarva Fisheries Association, Inc. v. Atlantic States Marine Fisheries Commission
Challenge to limitations on fishing for Atlantic Striped Bass along the coastal Atlantic Ocean, and its inland waterways including the Chesapeake Bay.
United States v. Tovis Richardson
Whether Richardson received ineffective assistance of counsel because counsel failed to raise potentially meritorious objection to Sentencing Guidelines enhancement.
United States v. Quamaine Smith
Whether appellate waiver in plea agreement was knowing and voluntary.
Jose Mendez-Guevara v. Merrick Garland
Whether unequivocal evidence of bias on the part of the immigration judge establishes due process violation; propriety of adverse credibility ruling.
Natl Assn of Immigration Judges v. David Neal Association of Immigration
Whether the Civil Service Reform Act impliedly divests district court of jurisdiction over claims raised by National Judges.
John Koontz v. SN Servicing Corporation
Whether district court erred granting motion to dismiss claims alleging violations of various consumer protection acts.
United States v. Rojay Lawson
Whether district court clearly erred in applying vulnerable victim enhancement based on victims' ages; other issues. 15 Mins.
Dawn Drumgold v. Commissioner of Social Security
Whether ALJ erred in evaluating the opinions provided by the treating licensed professional counselor. 15 Mins.
Malcolm Wiener v. AXA Equitable Life Insurance Company
Whether district court disregarded the law of the case by overturning jury verdict after this court previously found sufficient evidence supported the jury's verdict
United States v. Kyrie Thompson
Whether copying and preservation of online account information under 18 U.S.C. § 2703(f) is seizure requiring warrant based on probable cause; other issues.
Ansar Hussen v. Merrick Garland
Whether Board abused its discretion in concluding that Petitioner did not make prima facie showing of bona fide marriage to support reopening; other issues.
Lisa Barnhill v. Merrick Garland
Whether district court correctly dismissed Plaintiff's Title VII discrimination and retaliation claims; other issues.
United States v. Raymond Dugan
Whether probable cause existed for search of IP address linked to appellant when IP address was discovered through warrantless search; other issues.
Patsy Talley v. Dale Folwell
Multi-issue challenge to state retirement plan's method of calculating and collecting recoupment after overpayment to retiree.
United States v. Steven Fulton
Whether offense element that defendant had been convicted of a crime punishable by more than a year's imprisonment was a fact to be proven to the jury.
December 12, 2024
United States v. Lawrence Florentine
Whether 18 USC 844(h)(1) enhancement for use of fire to commit a felony applies where the predicate felony is murder and the body was burned post-mortem.
United States v. Javier Chavez Dominguez
Whether purportedly erroneous enhanced statutory maximum was prejudicial where sentence imposed was below the lower statutory maximum; other issues.
Maryland Election Integrity, LLC v. Maryland Voter Registration State Board of Elections
Whether district court erred in dismissing for lack of standing claims alleging violations of the National Act.
Tiffany Johnson v. Continental Finance Company, LLC
Whether the district court erred in finding, under Maryland law, that parties' arbitration agreements were illusory.
Wudi Industrial (Shanghai) Co., Ltd. v. Wai Wong
Challenge to district court's permanent injunction enforcing settlement agreement terms in trademark dispute.
Berkeley County School District v. HUB International Limited
Whether district court erred in ruling parties did not agree to arbitrate disputed claims; other issues.
United States v. Edwin Brown
Whether Appellant demonstrated a reasonable probability that, but for plea counsel's erroneous advice regarding sentencing exposure, Appellant would have accepted the Government's plea offer.
William Elam, III v. Stephen Early
Whether district court properly resolved dispute over ownership of Norman Rockwell illustrations.
Lois Brown v. Wal-Mart Stores East, LP
Whether district court properly granted summary judgment to Defendant on Plaintiff's slip-and-fall claim.
Patrick McGraw v. Theresa Gore
Whether district court erred in dismissing inmate complaint for failure to exhaust administrative remedies.
United States v. James Gould
Challenge to constitutionality of 18 U.S.C. § 922(g)(4), which prohibits firearm possession by person who had previously been involuntarily committed to mental institution.
JW Aluminum Company v. ACE American Insurance Company
Whether policy insuring against damage caused by heat from molten material applied to losses arising from chain of events involving multiple risks, including fire, equipment shutdown, and water damage.
Albert Anderson v. B. Ferguson
Whether officer's use of mandibular angle pressure point technique amounted to excessive force.
December 13, 2024
United States v. Malik Wilder
Whether district court properly denied motion to suppress on ground that firearm inevitably would have been discovered by inventory search.
Gardenia Dorado-Ocasio v. Christine Wormuth
Whether ABCMR's decision provided sufficient rationale for denial of servicemember's request to correct error in her military record.
John Wright v. Granville County
Whether district court erred in granting summary judgment in favor of defendants on § 1983 and Monell claims related to inmate's death from fentanyl poisoning while in custody.
Jimmy Edwards v. CSX Transportation, Inc.
Whether contract claim related to rail company's agreement to allow sandbagging over railway to prevent town's flooding is preempted under ICCTA.
United States v. Jesse Perez
Multi-issue appeal challenging governments proof of special territorial jurisdiction.
United States v. Victor Castro-Aleman
In 8 U.S.C. § 1326(d) challenge to illegal reentry charge, which party bears burden regarding voluntariness of waiver of appeal of removal order?
Aerotek, Inc. v. Kenneth Nosky
Propriety of rulings concluding that defendant did not breach employment agreement or duty of loyalty by emailing company records to personal email account.
Allegis Group, Inc. v. Christopher Bero
Whether restrictive covenants were impermissibly overbroad and/or vague. Other issues.
United States v. Eric Walton
Whether revocation sentence is plainly procedurally unreasonable when district court did not calculate or discuss defendant's advisory policy statement range; other issues.
United States v. Joshua Ray
Whether the district court erred in suppressing evidence based on finding that NCIS was authorized to seize cell phone but not search its contents.