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Tag Archives: Judge William B. Traxler Jr.

Removal contingent on alter-ego issue (access required)

Although a forum-selection clause effectively precluded removal by naming a North Carolina county without a federal courthouse, the court of appeals returned the case to the district court to determine whether the clause bound all defendants. Defendant/Appellant Saber Healthcare Group ...

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Burden on Inmate’s Religious Rights Not Justified (access required)

The government was not entitled to summary judgment against an inmate who claimed that his religious freedom was violated, the appellate court held. Appellant Aaron Carter, a Virginia prisoner, follows dietary restrictions in accordance with his religion (Nation of Islam). ...

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Habeas Petition – Constitutional – Solicitation of a Minor (access required)

After MacDonald v. Moose, 710 F.3d 154 (4th Cir. 2013), declared the former version of Virginia’s sodomy statute, Va. Code § 18.2-361(A), to be facially invalid under Lawrence v. Texas, 539 U.S. 558 (2003), Virginia’s Supreme Court held that the ...

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Constitutional – First Amendment – Rastafarian Services – Administrative Remedies (access required)

Wilcox v. Brown (VLW No. 017-2-210, 14 pp.) (Traxler, J.) 16-7596; Dec. 5, 2017; USDC at Asheville, N.C. (Whitney, C.J.) 4th Cir. Holding: Where the plaintiff-prisoner alleges that defendants discontinued Rastafarian services because the prison was without a chaplain, but ...

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No Retaliation Claim for ‘False Report’ Firing (access required)

The 4th Circuit upholds summary judgment for an employer who fired a restaurant manager for reporting a coworker’s complaint of sexual harassment, which the employer determined after investigation was fabricated; filing a false report is not protected activity under Title ...

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Firing upheld for ‘false’ report of harassment (access required)

Fired FEA

An employer may fire an employee who reported a coworker’s sexual harassment claim, when the employer’s investigation determined the reporting employee fabricated the claim, a federal appeals court said on June 7. The employee said she reported the coworker’s claim ...

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