Richmond, VA
January 27–31, 2025
January 27, 2025
January 28, 2025
United States v. Cory Sanders
Whether jury instruction incorrectly defined specific intent; whether court erred by enhancing sentence for use of sophisticated means.
Derrick Coleman v. North Carolina Department of Public Safety
Propriety of granting summary judgment on conditions-of-confinement claim, which related to conditions while terminally ill inmate was hospitalized; qualified immunity; other issues.
Real Time Medical Systems, Inc. v. PointClickCare Technologies, Inc.
Garfield Holley v. J. Combs
Whether district court properly determined prisoner failed to demonstrate imminent danger of serious physical injury under 28 U.S.C. § 1915(g).
United States v. Luis Avila
Whether, under USSG § 2G2.2(c)(1), the district court properly applied cross reference for production of child pornography.
Phyllis Weaver v. Walgreen Company
Whether district court erroneously granted Fed. R. Civ. P. 12(b)(1) motion based on Appellant's failure to timely file federal employment discrimination action; other issues.
Wilmer Martinez v. James McHenry, III
Whether Petitioner showed nexus to a protected ground; denial of motion to remand for cancellation of removal.
Robert Moore v. State of Maryland
Whether district court erred in granting federal habeas relief based on Brady violations.
Justyna Jensen v. Maryland Cannabis Admin. Maryland
Whether licensing scheme for retail cannabis dispensaries favoring attendees of particular colleges violates dormant Commerce Clause.
CPI Security Systems, Inc. v. Vivint Smart Trade Practices Act; Home, Inc.
Whether court properly rejected challenge to sufficiency of claims under North Carolina's Unfair and Deceptive propriety of damages awards; other issues.
Jonathan Colorado Navarro v. James McHenry, III
Whether the Board legally erred and abused its discretion in finding Petitioner is unlikely to be tortured by the Salvadoran government; related issues.
Juan Alfaro v. James McHenry, III
Whether Board erred in reversing grant of deferral of removal under the Convention Against Torture; standard of review.
United States v. Christopher Sueiro
Whether district court erred in imposing special conditions of supervised release, including lifetime prohibition on sex-related adult telephone services, websites, or electronic bulletin boards.
United States v. Winston Oliver, II
Whether district court erred in allowing co-defendant to assert Fifth Amendment privilege at Appellant's resentencing after their convictions were affirmed; other issues.
Roland Chalifoux, Jr. v. Wetzel County Hospital, Inc.
Propriety of court's ruling that Plaintiff did not withdraw attorney's authorization to enter settlement and enforcement of contested settlement agreement; other issues.
Jacob Doe v. The University of North Carolina System
Challenge to district court's denial of qualified immunity and sovereign immunity; related issues.
Brainchild Surgical Devices, LLC v. CPA Global Limited
Challenge to district court's grant of summary judgment in contract dispute over allegedly arbitrary, hidden, and inflated fees charged by patent renewal company.
United States v. Dehaven Craig
Whether the Government breached the plea agreement by arguing for Sentencing Guidelines enhancements predicated on facts outside of the parties' relevant conduct stipulation.
Maryland Chapter of the Sierra Club v. Federal Highway Administration
Challenge to agency's administrative decisions approving highway construction plans in Maryland.
Sally Tarquinio v. Johns Hopkins University
Whether district court erred dismissing claims of failure to accommodate, disability discrimination, and unlawful medical inquiry under the ADA.
January 29, 2025
Lee Sommerville v. Union Carbide Corporation
Whether appellant lacked Article III standing to bring medical monitoring claim based on exposure to toxins emitted by appellees.
Susan Scharpf v. General Dynamics Corporation
Whether district court erred in dismissing as untimely claims alleging antitrust violations related to agreement between competitors not to poach employees.
United States v. James Ervin, Jr.
Whether Government's material but inadvertent factual misrepresentation provides basis for setting aside guilty plea.
AAR v. Jehmal Hudson
Multi-issue appeal of district court's order dismissing plaintiff's claims challenging the constitutionality of Virginia statute giving Internet broadband service providers access rights to railroad property.
Mohammad Qaiymah v. James McHenry, III
Whether asylum claim based on imputed homosexuality lacked nexus to protected ground; propriety of denial of humanitarian asylum and CAT protection.
United States v. Fredrick McCray
Whether district court failed to adequately explain downward variant sentence.
Flor Arriaza De Paredes v. Zen Nails Studio LLC
Whether district court erred in using 10-year-old matrix to calculate attorney's fees award under federal fee shifting statute.
United States v. Arthur Stover
Whether presumption of correctness afforded IRS determinations and presumption of regularity afforded government agencies' actions were properly applied in granting motion for summary judgment.
United States v. Ron Elfenbein
Whether district court erred in granting FRCP 29 post-trial motion for acquittal in healthcare fraud case.
Justin Longworth v. A. Mansukhani
Whether FTCA's judgment bar applies retroactively; other issues.
United States v. Rodney Crawley
Whether district court abused its discretion by denying compassionate release motion premised on argument that Virginia robbery no longer qualifies as career offender predicate.
United States v. Shaheem Johnson
Whether district court erred in finding rehabilitation, pre-Booker sentence, and other factors warranted substantial reduction in sentence under 18 U.S.C. § 3582(c)(1)(A).
United States v. Larry Burleigh
Whether district court adequately considered stacked sentences and the need to avoid unwarranted sentencing disparities in denying motion for compassionate release; other issues.
AdvanFort Company v. Zamil Offshore Services Co.
Whether court erred in dismissing based on forum non conveniens when party was in default and did not move to dismiss; other issues.
United States v. Robert Benton, Jr.
Whether an information seeking enhanced penalties filed after jury selection but before the jury is sworn is filed "before trial" under § 851(a)(1).
Bradford Kendrick v. Carter Bank & Trust, Inc.
Challenge to grant of summary judgment on claims of harassment and retaliation in violation of the Age & Trust, Inc. Discrimination in Employment Act of 1967.
United States v. Gerald Wheeler
Whether district court reversibly erred by admitting certain hearsay statements under Fed. R. Crim. P. 32.1(b)(2)(C) and relying on them when revoking supervised release.
January 30, 2025
Kevin Snodgrass, Jr. v. Christopher Gilbert
Challenge to grant of summary judgment in favor of defendants on First Amendment retaliation claims.
Donald Black; Marcia Black; Larry Martin; Rebecca Martin; Barbara Thompson; James Thompson, for themselves and a class of similarly situated plaintiffs v. Mantei & Associates, LTD.; Ricky Alan Mantei; Cindy Chiellini; Centaurus Financial, Inc.; J.p. Turner & Company, LLC
Whether district court erred awarding attorneys' fees and costs for removal when appellants removed the & Associates, Ltd. underlying case after district court had already remanded it.
United States v. Melissa Barrett
Whether district court may apply "safety valve" provision of Sentencing Guidelines to reduce defendant's offense level after reducing criminal history score under Amendment 821.
NCO Financial Systems, Inc. v. Montgomery Park, LLC
Whether district court erred in awarding attorney's fees, expert witness fees and costs in suit between landlord and former tenant.
Lisa Smith v. Matthew Jennings
Whether district court erred in denying qualified immunity to law enforcement officer in wrongful death case.
U.S. Med Supplies, LLC v. Geri-Care Pharmaceuticals Corporation
Whether district court reversibly erred in determining that North Carolina's discovery rule did not render timely claim for breach of contract; other issues.
January 31, 2025
Eddie Stewart v. GES Recycling South Carolina LLC
Whether district court erred granting summary judgment for employer on retaliation claim where employee was terminated after complaining of racial discrimination.
Zachary Hebb v. City of Asheville, North Carolina
Whether municipal noise ordinance banning amplified sound near medical clinics violates First Amendment; other related issues.
United States v. Brock Beeman
Whether, in 18 U.S.C. § 876(c) prosecution, uncharged threatening letter was properly admitted.
Evy Orellana v. Deputy U. S. Marshal Ryan Godec
Whether qualified immunity applied in Bivens action because Marshals' use of canine in execution of arrest warrant was a "new context."
William Peterson, Iii v. Harrah’s Nc Casino Company, LLC
Steven Albert v. Brooke Lierman
Whether district court properly denied Defendant's motion to dismiss Plaintiffs' Fifth Amendment takings claim challenging the Maryland Uniform Disposition of Abandoned Property Act.
Samir Baptista v. James McHenry, III
Whether assault with intent to rob, under Mass. Gen. Laws ch. 265, § 20, qualifies categorically as an aggravated felony attempted theft offense.
United States v. Amir Golestan
Whether district court abused its discretion by denying motion to withdraw guilty pleas following Ciminelli v. United States, 598 U.S. 306 (2023); other issues.
United States v. Thomas Faulls, Sr.
Whether district court erred in applying enhancement under USSG § 2A4.1(b)(3) for using a dangerous weapon in the offense; other issues.
The Travelers Indemnity Company v. American Alternative Insurance Corporation
Whether insurance policy covering injuries arising out of "incidental operations of" county emergency services includes actions by county's 911 operators.
United States v. Marilyn Mosby
Multi-issue challenge to mortgage fraud and perjury convictions.
Anthony Defeo v. IonQ, Inc.
Challenge to district court's dismissal of complaint alleging securities fraud.
Brooke Somers v. Anthony Devine
Whether officer was entitled to qualified immunity for use of force during and after plaintiff's arrest; other related issues.
Katrina Robertson v. United States of America
Whether district court erred in dismissing negligence claim based on alleged acts or omissions of the Defense Intelligence agency resulting in appellant's injury.
United States v. Trevor Seward
Whether admission of laboratory director's testimony about DNA test results violated Confrontation Clause; whether firearms toolmark evidence was properly admitted; other issues.