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Tag Archives: Judge J. Harvie Wilkinson III

WARN Act liability doesn’t extend to non-employer (access required)

Where employees constructing a nuclear station alleged the owner violated the Worker Adjustment and Retraining Notification, or WARN, Act when it halted construction at the facility, the owner wasn’t liable because it wasn’t the plaintiffs’ employer. Background In 2017, SCANA, ...

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Virginia eluding statute qualifies as crime of moral turpitude (access required)

Where the Virginia eluding statute’s mens rea required at least recklessness, and vehicular flight from law enforcement has been consistently found to involve sufficient risk and danger to be morally reprehensible, the statute qualified as a crime of moral turpitude. ...

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Suit moot where challenged opinions withdrawn (access required)

Where a labor union challenged advisory opinions limiting government employees’ speech about impeachment efforts in 2020, but those opinions were withdrawn after then-President Trump left office and there was no credible allegation of any chilling effect from the opinions while ...

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Suit against officials really against government (access required)

Where a consumer brought a challenge against CMS officials in their individual capacities, alleging they violated the Telephone Consumer Protection Act by authorizing robocalls, his lawsuit was in reality aimed against the federal government, to which sovereign immunity applied. Background ...

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Disengagement, not race, prompted termination (access required)

Where a chief merchandizing officer reacted negatively to criticism and became disengaged following a leadership assessment of Lowe’s senior leaders, Lowe’s prevailed on claims that his termination was based on race discrimination. Background In February 2017, Michael Jones, formerly the ...

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Surrender transactions can’t avoid tax liability (access required)

Where the taxpayers argued that they were not required to report $45.7 million of compensation income, the series of business transactions were devoid of economic substance and were thus insufficient for avoiding tax liability. Moreover, despite the taxpayers’ assertion they ...

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