Free US Court of Appeals for the Fourth Circuit case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | US Court of Appeals for the Fourth Circuit February 25, 2021 |
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Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | It Is Possible and Necessary to Nullify Trump’s Corrupt Pardons (Including Secret Ones) | NEIL H. BUCHANAN | | UF Levin College of Law professor Neil H. Buchanan argues that it is not only constitutional but necessary to review and nullify corrupt presidential pardons, including many of those granted by former President Trump. Professor Buchanan debunks the misconception that the presidential pardon power is “unlimited” as journalists have assumed, based on the language and context of the Pardon Clause and that of a seminal Supreme Court case interpreting it. | Read More |
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US Court of Appeals for the Fourth Circuit Opinions | Reyazuddin v. Montgomery County, Maryland | Docket: 19-2144 Opinion Date: February 24, 2021 Judge: Albert Diaz Areas of Law: Civil Rights, Constitutional Law, Labor & Employment Law, Legal Ethics | The Fourth Circuit vacated the district court's order denying plaintiff's motion seeking to recover reasonable attorney's fees, costs, and expenses from Montgomery County, Maryland. This case arose from the County's failure to reasonably accommodate plaintiff's disability. The district court concluded that plaintiff is not eligible for such an award because she was not a prevailing party under 29 U.S.C. 794a(b). The court found this case similar to Parham v. Southwestern Bell Telephone Co., 433 F.2d 421 (8th Cir. 1970), and concluded that plaintiff is even more of a prevailing party than the Parham plaintiff. The court explained that plaintiff is not a prevailing party because she catalyzed the County to change its behavior by filing a lawsuit; rather, she is a prevailing party because she proved her claim to a jury before the County capitulated by transferring her to another call center. Furthermore, the transfer was key to the district court's subsequent finding that the County reasonably accommodated plaintiff and thus the district court's ultimate denial of plaintiff's request for equitable relief. Accordingly, the court remanded for further proceedings. | |
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