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

State can’t waive procedures for pipeline permit (access required)

The Army Corps of Engineers lacked the authority to alter a special condition imposed by West Virginia regarding the construction and operation of a natural gas pipeline.  And because West Virginia did not follow the mandated notice-and-comment procedures in waiving ...

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Unauthorized use of personnel files not ‘protected’ (access required)

The unauthorized inspection and copying of personnel files by a sheriff’s office employee in support of her discrimination claim was in violation of a valid, generally-applicable state law prohibiting such conduct and did not constitute “protected activity” sufficient to support ...

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Title VII doesn’t protect illegal collection of evidence (access required)

4tth Circuit Seal FEA

An employee cannot break the law in order to collect evidence in support of a workplace discrimination lawsuit, the 4th U.S. Circuit Court of Appeals has ruled. Judge Diana Motz, writing for a unanimous panel, said that for an employee’s ...

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Racial comments don’t overcome no-impeachment rule (access required)

4tth Circuit Seal FEA

An African-American defendant who was convicted of drug and firearm charges may not interview the convicting jurors for signs of racial animus, despite a juror’s statement that his peer expressed racial prejudice during deliberations, the 4th U.S. Circuit Court of ...

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No ‘threshold showing’ that jurors acted with racial animus (access required)

Despite an affidavit asserting jurors made racially tinged statements, the district court did not abuse its discretion in concluding that interviewing jurors would not likely reveal evidence that racial animus was a motivating factor in the vote to convict defendant ...

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Gag order does not withstand constitutional scrutiny (access required)

A gag order imposed by the district court overseeing suits against the owners of hog farms breached basic First Amendment principles. Background Hundreds of plaintiffs have alleged that nearby hog farms associated with Murphy-Brown LLC are a private nuisance. Plaintiffs ...

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