Posted on 05/26/2015 1:03:44 PM PDT by nickcarraway
In the past, businesses have been happy to put new factories in states like South Carolina and Virginia, due to their right-to-work laws and relatively reasonable employment laws. But they should think twice about doing so in the future, thanks to some recent, very unreasonable court rulings against employers in those states by the U.S. Fourth Circuit Court of Appeals. Those decisions illustrate a contempt for binding Supreme Court precedent, and basic rules of logic, evidence, civil procedure, and appellate procedure
A classic example is the Fourth Circuit’s 2-to-1 decision on May 11 in Brown v. Nucor Corp., which violated fundamental rules of appellate review and class-action procedure. Essentially, the court allowed a class action lawsuit alleging racial discrimination in promotions to be brought based on statistics that other courts (like the Eighth Circuit) have correctly rejected as unreliable junk science, in rejecting class actions lawsuits against the very same company. Compare Bennett v. Nucor Corp., 656 F.3d 802 (8th Cir. 2011).
It also permitted the plaintiff to make internally contradictory arguments to get that junk science into evidence, improperly put the burden of proof on defendant to disprove the admissibility of evidence, and allowed the plaintiff to make arguments it had waived by not including them in its opening brief, but rather putting them into its reply, where the company never even had a chance to rebut them.
(Excerpt) Read more at spectator.org ...
Liberal activist judges. It’s about the result, not the law.
And we can’t let there be any job growth in those Right to Work state.
tar and feathers..
it is about keeping activist judges in their place..
until this starts to happen, we are all screwed
Importantly, the 4th circuit has 11 Democrat appointed and only 7 Republican appointed judges, with one recess appointed by a Democrat (Clinton) and confirmed by a Republican (Bush2).
And 7 of the Democrats were appointed by Obama.
This explains why they either do not know the stare decisis (precedent), or they do not care what it is.
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