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Tag Archives: 4th U.S. Circuit Court of Appeals

State secrets privilege bars suit over NSA surveillance (access required)

Where the discovery procedures of the Foreign Intelligence Surveillance Act, or FISA, didn’t apply to Wikimedia’s suit against the National Security Agency, or NSA, alleging the agency is spying on Wikimedia’s communications through its Upstream surveillance program, the suit was ...

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Supervisor’s comments about protected activity support retaliation lawsuit (access required)

Where a supervisor allegedly repeatedly made comments about an employee’s protected activity, the employee’s complaint bridged the gap between the protected activity and the adverse employment action, and his retaliation claim was improperly dismissed. Background Louis M. Tutt III appeals ...

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West Virginia ballot-order statute is constitutional (access required)

Where a West Virginia statute governing the order in which candidates’ names appear on state election ballots was neutral and nondiscriminatory, and any modest burden on the Democratic Party’s rights was justified by the state’s interests in promoting efficiency and ...

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No sovereign immunity in transgender bias suit (access required)

Where enrollees in the North Carolina State Health Plan for Teachers and State Employees, or NCSHP, alleged the plan violated the Affordable Care Act by categorically denying coverage for gender dysphoria treatments, NCSHP, which accepts federal funds, is not entitled ...

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Government contractor not plaintiff’s ‘employer’ (access required)

Where the government contractor did not supervise plaintiff’s work product, determine her hours or provide her with equipment necessary to perform her duties, it lacked the degree of control over the essential terms and conditions of her work necessary to ...

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Email surveillance suit rejected by 4th Circuit (access required)

FALLS CHURCH (AP) A divided federal appeals court has upheld the dismissal of an ACLU lawsuit challenging a portion of the National Security Agency’s warrantless surveillance of Americans’ international email and phone communications. The 4th U.S. Circuit Court of Appeals ...

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