Fourth Circuit Remands Case for Enforcement Barbara M. Murchison, v. Michael J. Astrue, No. 10-1200, No. 11-1462 (4 th Cir. Feb. 15, 2012)(Unpublished).


“Barbara Murchison commenced an action in district court, seeking enforcement of a prior Equal Employment Opportunity Commission (“EEOC”) order requiring that the Social Security Administration (“SSA”), her employer, return her to her prior position or its equivalent (“Enforcement Claim”). Murchison also alleges that the SSA unlawfully failed to promote her on two separate occasions (“Promotion Claims”). She now appeals the district court’s grant of summary judgment in favor of the SSA. She also appeals the denial of a Rule 60(b) motion for relief from judgment. For the reasons that follow, we affirm the grant of summary judgment with respect to the Promotion Claims, vacate the grant of summary judgment with respect to the Enforcement Claim, reverse the denial of the Rule 60(b) motion, and remand for further proceedings.”

The argument was greatly assisted by a moot court including Tammany Kramer, Bob Fitzgerald, Jerry Goldstein, Tom Gagliardo, and James Richard. (I hope I haven't forgotten anyone).

Technically, the court reversed the district court's denial of our Rule 60(b) motion, and remanded with instructions to enforce the substantive relief we sought. The court based its decision on the fact that the Social Security Administration had successfully17 MWELA MONTHLY Jan./February 2012 lied to the EEOC, a fact which we eventually got the EEOC to admit.

-- submitted by Phillip R. Kete

Newsletter Volume: 
Newsletter - January/February 2012