Third-Year Law Student Argues Black Lung Benefits Case Before Fourth Circuit Annelise Burgess '25L argued the case as a student attorney in W&L Law’s Advanced Administrative Law Clinic, better known as the Black Lung Clinic.

By Law Communications
April 11, 2025

On the eve of arguing a case in front of the U.S. Court of Appeals for the Fourth Circuit, Annelise Burgess ‘25L took the advice of recent graduate Haley Carter ‘24L on how she had prepared for her own appellate experience. She watched a movie.

“Haley watched ‘My Cousin Vinny.’ I watched ‘Legally Blonde.’”

Like Carter, Burgess knew that the best thing she could do after studying hundreds of pages of case files and participating in over a dozen moot arguments was to take some down time and reflect on what she dubbed “the coolest thing I’ve done in law school, and probably the most learning I’ve done in law school too.”

Burgess argued the case as a student attorney in W&L Law’s Advanced Administrative Law Clinic, better known as the Black Lung Clinic. For nearly 30 years, the clinic has represented coal miners diagnosed with pneumoconiosis, also known as Black Lung disease, in their pursuit of benefits from the coal companies they worked for. Cases in the clinic typically take many years to resolve, and Burgess’ case representing the spouse of a deceased miner was no exception, having been in the clinic’s hands since 2018.

A number of criteria must be satisfied before the various deliberative bodies involved in a Black Lung claim will award benefits. In this case, the Administrative Law Judge had ruled that the Clinic had not proved that the miner suffered total disability due to Black Lung disease. This decision was affirmed by the Benefits Review Board and then appealed to the Fourth Circuit by the Clinic.

Burgess’ preparation for what would be her first ever court appearance was extensive. She put in about 175 hours working on the case this semester, including mastering the extensive case file and its complicated medical evidence. She wrote two dozen drafts of her oral argument, which she recorded and played back to herself while running so her narrative would be etched in her brain. Numerous moot court arguments with different W&L law professors helped her refine her argument and prepare for the different ways the judges might push their inquiry.

“I knew I would have a great practice experience working in the clinic,” said Burgess. “But I did not predict I would get a master class in appellate litigation.”

Despite the preparation, Burgess admitted to being nervous ahead of the court appearance. She drew some confidence shortly before the argument began when the clerk of court introduced her to the 60 VMI keydets who were in attendance on a school trip. Upon learning Burgess would commission in the U.S. Army following graduation to join the JAG Corps, the keydets cheered.

“It was fun to hear that in this solemn courtroom where you can normally hear a pin drop,” said Burgess.

Once the court session got underway, the extensive preparation took over. Burgess said her biggest challenge was to help the judges of the Fourth Circuit—who have extensive experience with Black Lung cases—remain focused on the narrow issue of the miner’s full disability.

“Their initial broad questioning on Black Lung claims was helpful in getting me to step back and explain the big picture, because I was almost too prepared to discuss this one aspect,” said Burgess.

The Court typically takes several months to release a decision, and while the outcome in this case is far from certain, W&L Law students have prevailed in the federal appeals courts in the past, including the 2024 graduate Haley Carter, who won a case in the Third Circuit last year. While she awaits the decision, Burgess will prepare for graduation in May and for her career as a JAG officer to get underway with a first job in Germany.

“I am grateful to the client for giving me permission to argue this case,” said Burgess. “It was quite the capstone to my 3L year.”

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