Full 4th Circ. Uses USPS Bias Suit To Clarify Appeal Standards

Law360 (August 17, 2022, 7:30 PM EDT) — The Fourth Circuit established a new rule Wednesday clarifying that a district court’s dismissal of a complaint that does not allow for amendments constitutes an appealable final order, concluding that the appeals court can consider a former U.S. Postal Service worker’s challenge to the dismissal of her bias suit.

The en banc, published opinion said that the Fourth Circuit does have jurisdiction to hear Joann Britt’s age and disability discrimination and retaliation suit after a Maryland district court dismissed it in April 2020.

The Fourth Circuit’s ruling didn’t weigh in on the merits of a former U.S. Postal Service worker’s discrimination case, instead focusing on the standard for when an appeal can ascend to the circuit court. (iStock.com/jetcityimage)

Wednesday’s ruling steered clear of the merits of Britt’s case, instead focusing on the standard for when an appeal can ascend to the circuit court and leaving her appeal for a panel to consider in the future.


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