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

Jury to decide if employee satisfied job expectations (access required)

Where an employee “routinely” received above-average performance reviews, and received the highest rating possible in her last two reviews prior to her termination, there was a disputed issue of whether she was satisfying her employer’s legitimate business expectations at the ...

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Challenge to election system mooted by change in law (access required)

Where two Virginia Beach residents challenged the system used to elect members of the City Council, but the General Assembly changed the system before the trial court issued its decision, that mooted the suit. Background Two Virginia Beach residents sued, ...

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Trial court must consider spoliation sanctions motion (access required)

Where a detainee suing for civil rights violations moved for sanctions after learning that videos of his physical altercation were not preserved, and he timely objected to a magistrate judge’s decision denying his motion, the district court must consider the ...

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‘Single nugget of misconduct’: Evidence of pretextual firing saves ADA claim (access required)

An employee who routinely received above-average performance reviews and received the highest rating possible in her last two reviews before her termination will have her discrimination case heard by a jury. The 4th U.S. Circuit Court of Appeals vacated the ...

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District court erred in abstaining from suit (access required)

Where the district court abstained from a suit challenged West Virginia’s administration of child welfare services because it believed it would interfere with state-court proceedings, that was error. The principles of federalism are not served by abstention and, if plaintiffs ...

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