A former Williamsburg-James City County high school student’s First Amendment claim against the county’s school board was reinstated after the 4th U.S. Circuit Court of Appeals found the former student’s complaint “plausibly alleges a First Amendment claim.” The court upheld ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Diana Gribbon Motz

Where a class member objects to a proposed settlement, it must first state its objection with specificity. Then the settling parties must demonstrate that the proposed settlement satisfies the requirements of Fed. R. Civ. P. 23(a). The district court must ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Diana Gribbon Motz

Where an arbitration panel awarded a broker over $1.1 million for wrongful termination without cause, the district court erred by refusing to enforce the award. Although the employer argued that North Carolina does not recognize a claim for wrongful termination ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge Diana Gribbon Motz

Where a statute allows a taxpayer to appeal an adverse administrative ruling of the Internal Revenue Service, or IRS, to the tax court, but the IRS then determined that the taxpayer owed no money, the tax court lacked jurisdiction to ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Diana Gribbon Motz

Where an employee confirmed in his deposition testimony that he had been “unable to work” since his relapse and failed to suggest a reasonable accommodation that would have allowed him to do so, his employer prevailed on wrongful termination and ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Diana Gribbon Motz

Where an employee alleges she was paid less than male comparators, the court should only consider an employee’s base salary or wage rate, and not additional compensation like commissions. Background This appeal arises from the district court’s grant of summary ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Diana Gribbon Motz

Where a ship repair company previously signed a settlement agreement with the US Navy that contained a broad release, and it did not carve out any other claims, that release barred a breach of contract claim. Background East Coast Repair, ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Diana Gribbon Motz

Where a provision in the Clean Air Act waived the United States’ sovereign immunity as to “any . . . remedy or sanction,” North Carolina could sue the United States to recover an unpaid civil penalty it assessed when a ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Diana Gribbon Motz

Where a jury awarded $22.35 million to a healthcare investor because he was defamed by a biotechnology company, but the jury did not receive evidence sufficient to support the award, the award was vacated and the case was remanded for ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Diana Gribbon Motz Tort

Where there is a historic right of access to judicial documents because they provide the public with insight into the functioning of the judicial process, two Virginia courts were ordered to provide “contemporaneous’’ access to newly filed complaints.. Background Courthouse ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Diana Gribbon Motz