Employment Law

PRESS RELEASE: Cook Prevails in United States Court of Appeals for the Fourth Circuit

Partner John C. Cook prevailed in an important case in front of the United States Court of Appeals for the Fourth Circuit. The sexual discrimination case, Nixon v. Kysela, involves a woman who was hired by her boyfriend’s company. When she ended the sexual relationship between the two, she was fired. The United States District Court had ruled in the company’s favor, holding that such a termination is not “because of sex” in violation of the civil rights laws. The Court of Appeals reversed, with a three-judge panel unanimously finding that the District Court had made factual determinations that must be left to the jury and sent the case back to the District Court for trial.

 

The U.S. Courts of Appeals fall just below the U.S. Supreme Court in the federal court system, and some of the best judges in the country serve on those courts. They review decisions of the district court judges. Reversing a decision granting summary judgment is difficult. The courts uphold such decisions every day. Here, the unanimous panel decision speaks strongly in favor of allowing juries to determine factual issues in federal litigation. Mr. Cook said, “it’s hard to win discrimination cases in the federal courts. This significant win brings us one step closer to ultimate victory.” The case serves as a strong reminder that juries, not judges, are the ultimate finders of fact in our court system.

 

 

John C. Cook

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