Dismissal of Action After Removal From State Court

Willie D. Bullock v. Janet Napolitano, Sec’y, U.S. Dep’t of Homeland Security, No. 10-1222 (4 th Cir. Jan. 23, 2012).

On January 23, 2012, the Fourth Circuit (in a rare published opinion) affirmed dismissal of a Title VII claim for lack of jurisdiction because it had been first filed in state court and then removed to federal court.

From the majority (Judge Paul Niemeyer writing for himself and Judge George Agee):

Newsletter Volume: 
Newsletter - January/February 2012
January

Associate Cannot Pursue Wrongful Termination Based on Refusal to Violate Ethics Rules

Anthony Gadlage v. Winters & Yonker, Attorneys at Law, P.S.C., No. 3:11-CV-354-H (W.D.K.Y. Dec. 29, 2011).

A federal judge has dismissed a suit by an associate who claims he was fired from his personal injury law firm for refusing to participate in an unethical referral scheme. An illegal discharge claim can't be premised on a violation of legal ethics rules, according to the Dec. 29 opinion by Judge John Heyburn II of Louisville, Ky.

Newsletter Volume: 
Newsletter - January/February 2012
January