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Employment Law

Public Employees – Whistleblower Claim – Agency Timeliness & Reports – Administrative (access required)

Flynn v. U.S. Securities & Exchange Commission (VLW No. 017-2-212, 18 pp.) (Wynn Jr., J.) 16-2122; Dec. 7, 2017; on petition for review from the Merit System Protection Board. 4th Cir. Holding: The applicable version of 17 C.F.R. § 201.900(a) ...

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Public Employees – Constitutional – First Amendment – Political Activism – Schools & School Boards – Inappropriate Comments (access required)

Penley v. McDowell County Board of Education (VLW No. 017-2-203, 31 pp.) (Thacker, J.) (Wilkinson J., concurring) 16-2034; Nov. 28, 2017; USDC at Asheville, N.C. (Cogburn J.) 4th Cir. Holding: A state house member allegedly threatened the plaintiff-teacher – who ...

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Public Employees – Constitutional – Free Speech & Association – Assistant State’s Attorney (access required)

Borzilleri v. Mosby (VLW No. 017-2-184, 13 pp.) (Wilkinson, J.) No. 16-1751; Oct. 17, 2017; USDC at Baltimore, Md. (Motz, S.J.) 4th Cir. Holding: Since assistant state’s attorneys implement the policies of their elected bosses, the newly elected defendant-state’s attorney ...

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Forum – Breach of Contract – Settlement Agreement – Collective Bargaining Agreement (access required)

Fraternal Order of Police Metro Transit Police Labor Committee, Inc., v. Washington Metropolitan Area Transit Authority (WMATA) (VLW 017-3-447, 12pp.) (T.S. Ellis III, J.) 1:17cv644; E.D. Va. Motion to dismiss complaint for breach of contract arising from settlement agreement. Holding: ...

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