Thursday, April 24, 2003

April 24 Fourth Circuit opinions

In NLRB v. Mining Specialists, a panel of the Fourth Circuit including Judge Jones of the W.D. Va. granted the NLRB's petition for enforcement against a West Virginia mining company and its "successor or alter ego", with respect to the claims of individual employees that their recall rights were ignored when the successor company did not hire them off the panel of laid off workers from the first company. The issues include failure to mitigate, and the effect of one claimant's incarceration on his right to backpay, and the company's obligation to pay bonuses for productivity.

In Rowsey v. Lee, a panel affirmed denial of habeas corpus in a death penalty case from North Carolina.

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