United States Fourth Circuit

In an action under Title VII claiming race discrimination, sex discrimination, and retaliation stemming from plaintiff's employment as a special agent with the Drug Enforcement Administration, judgment as a matter of law for the government is vacated and remanded where: 1) district court's ruling on certain class action litigation evidence constituted an error of law and thus, an abuse of discretion; 2) the court erred in granting the government's Rule 50 motion on a failure-to-promote retaliation claim; and 3) plaintiff was entitled to a new trial on the claims that were, and which should have been, submitted to the jury in a 2006 trial.

Appellate Information

• Decided 08/20/2008
• Published 08/20/2008

Judges

• Before KING and DUNCAN, Circuit Judges, and Jane R. ROTH, Senior Circuit Judge of the United States Court of Appeals for the Third Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Paul Reinherz Wolfson, Wilmer, Cutler, Pickering, Hale & Dorr, L.L.P., Washington, D.C., for Appellant.  Kevin Jason Mikolashek, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee.   ON BRIEF:  Danielle Conley, Sarah Adams Zumwalt, Wilmer, Cutler, Pickering, Hale & Dorr, L.L.P., Washington, D.C., for Appellant.  Chuck Rosenberg, United States Attorney, Alexandria, Virginia, for Appellee.