As amended in 2015, Federal Rule of Civil Procedure 4(m) doesn’t require dismissal of a complaint served late, even with good cause not shown. Here, extending the service deadline better served the interests of justice, since it wouldn’t prejudice the ...

Tagged with: Civil Procedure Employment Employment Discrimination Judge Michael F. Urbanski U.S. District Court - Western District

The plaintiff, a former executive, survives summary judgment on several claims arising from her treatment by the company’s CEO during and after a volatile intimate relationship involving threats and abusive behavior. Her husband’s separate claim for Title VII retaliation can ...

Tagged with: Employment Employment Discrimination Judge T.S. Ellis III Personal Injury Tort U.S. District Court - Eastern District

The district court erred in finding that three police officers, fired in retaliation for their joint action, represented a single claim for municipal insurance purposes. Thus, the per-claim policy limit applied to each officer individually, rather than the trio as ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Employment Employment Discrimination Insurance Judge James A. Wynn Jr.

In a multi-plaintiff race discrimination suit against a state agency, the court said an attempt to “streamline” the original complaint did just the opposite, finding that plaintiff-by-plaintiff presentation of allegations was repetitive and too many claims relied on “information and ...

Tagged with: Civil Procedure Civil Rights Employment Employment Discrimination Judge M. Hannah Lauck U.S. District Court - Eastern District

A prosecutor who read racial slurs aloud from potential evidence, which he was evaluating at a pre-trial meeting, did not create a hostile work environment for the black police officers in the room. Even if such conduct could give rise ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Employment Discrimination Judge Pamela A. Harris Municipal

Fired the day after asking for grievance paperwork, a black employee reasonably believed she was subject to a hostile work environment that was attributable to her employer. The district court erred in granting summary judgment against her. Background In August ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Employment Employment Discrimination Judge Roger L. Gregory Municipal

Genuine factual disputes remained as to whether a former university contract employee suffered pay discrimination. A male comparator with essentially equal duties received a significantly greater starting salary. Background In the fall of 2012, University of Virginia President Sullivan developed ...

Tagged with: Civil Rights Employment Employment Discrimination Judge Norman K. Moon U.S. District Court - Western District

An employee who was required to switch branches after reporting her pregnancy plausibly alleged an adverse employment action, noting that the transfer added time to her commute and interfered with her ability to put her school-aged children on the bus. ...

Tagged with: Civil Rights Employment Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District

A county’s former Director of Tourism presented genuine factual disputes as to whether he was fired in retaliation for his past vote to censure members of the county board of supervisors who voted to raise taxes. Background At a Bedford ...

Tagged with: Constitutional Due Process Employment Employment Discrimination First Amendment Judge Norman K. Moon Municipal U.S. District Court - Western District

After taking more than six months of medical leave before her employment was terminated, a bank teller failed to establish a prima facie case for age discrimination. Her medical leave followed a position change that she mistakenly believed was a ...

Tagged with: Employment Employment Discrimination Evidence Judge James P. Jones U.S. District Court - Western District