A panel of the United States Court of Appeals for the Fourth Circuit will hear oral arguments on Thursday, Oct. 4, in the Marlyn E. Lugar Courtroom at the West Virginia University College of Law. The court will convene at 9 a.m. and conclude at about 11:30 a.m. Admission is free and open to the public.

“This is an opportunity for our students, as well as the public, to witness a federal appellate court in action,” said Joyce E. McConnell, dean of the College of Law. “We deeply appreciate the judges’ willingness to conduct the court’s business in Morgantown.”

The judges’ panel will hear arguments for three cases. In the arbitration case of Great American Insurance Company v. Hinkle Contracting Company, the court will consider whether a party can be compelled to arbitrate under a performance bond subcontract that was incorporated by reference. In Benjamin Reynolds v. American National Red Cross, an employment discrimination case, the court will consider whether the plaintiff was disabled within the meaning of the Americans with Disabilities Act, and whether the Red Cross chapter is an employer under agency theory.

The final argument the court will hear is the criminal case United States v. Ryan Holness. The judges will consider whether the defendant’s cell mate acted as a state agent in eliciting incriminating statements, and whether conduct by state actors can be considered in subsequent federal prosecution.

Attendees should be seated by 8:50 a.m. Attire is business casual and backpacks and book bags are not allowed in the courtroom. If entering or exiting the courtroom after court starts, visitors must do so between cases to avoid undue disruption.

Established in 1891, the United States Court of Appeals for the Fourth Circuit is located in the Lewis F. Powell, Jr. Courthouse in Richmond, Va. Its appellate jurisdiction is the mid-Atlantic South, including Maryland, North Carolina, South Carolina, Virginia, and West Virginia.



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CONTACT: James Jolly, College of Law