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Tag Archives: discrimination

Labor & Employment – Civil Rights – Civil Practice – Subject Matter Jurisdiction – Administrative Remedies – Pregnancy Discrimination & Retaliation (access required)

Tonkin v. Shadow Management, Inc. (Lawyers Weekly No. 002-156-14, 11 pp.) (Joseph Anderson Jr., J.) 3:12-cv-00198; D.S.C. Holding: Even though plaintiff knew the facts behind her retaliation claim when she filed her EEOC charge, in the EEOC charge, she only ...

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Labor & Employment – Panel Rehearing Denied in Family Dollar Class Action (access required)

Scott v. Family Dollar Stores Inc. : A divided 4th Circuit panel again splits over rehearing a case in which the majority said plaintiffs in a class action gender discrimination lawsuit against the Family Dollar discount chain are entitled to amend their complaint. Judges Roger M. Gregory and Barbara M. Keenan voted to deny rehearing. Judge J. Harvie Wilkinson III, who dissented from the panel majority opinion, dissented from the denial of panel rehearing.

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Attorneys – Fee Request – Constitutional – First Amendment – Prevailing Party – Unjust (access required)

Lefemine v. Wideman Even though plaintiff was a prevailing party, the totality of the circumstances amount to special circumstances that would make an award of attorney’s fees unjust. Here, defendants had qualified immunity, the sheriff’s office had no policy or custom of discrimination against abortion protesters, and plaintiff was awarded no damages and only limited injunctive relief.

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