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Tag Archives: Judge Roger L. Gregory

En banc argument vacated after government changes position (access required)

Where the court granted the employee’s petition for rehearing en banc on whether the federal-sector provision in the Age Discrimination in Employment Act, or ADEA, encompasses a disparate-impact liability claim, and the government then advised the court that it has ...

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Rule governing dismissals without leave to amend clarified (access required)

Where a district court dismisses a complaint or all claims without providing leave to amend, the order dismissing the complaint is final and appealable, and the time to appeal begins to run upon “entry” of the judgment. This rule overrules ...

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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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‘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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Court rejects teacher’s claim that student made work environment hostile (access required)

Where a teacher based her hostile work environment claim on a special education student’s conduct, the school board was properly granted summary judgment. There was insufficient evidence that the student’s conduct was based on the teacher’s sex, that it was ...

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Defendants’ honest services fraud convictions vacated (access required)

Where defendants were charged with paying an insurance commissioner to swap the person regulating one of their companies, and the district court instructed the jury that “the removal or replacement of a senior deputy commissioner by the commissioner would constitute ...

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Former administrator’s convictions affirmed (access required)

Where the former executive director of the Newport News-Williamsburg International Airport challenged his convictions for federal program fraud, money laundering and perjury, but the evidence supported the vast majority of the convictions, they were affirmed. Background In 2012, Kenneth R. ...

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