Saturday, August 15, 2020
Jon Harkavy (Patterson Harkavy) sends word of two recent important cases from the Fourth Circuit. The first, which Jon says was issued from a particularly conservative panel, is Wilcox v. Carroll County. In that case, the court ruled that a pure retaliation claim under section 1983 is not cognizable under the Equal Protection Clause. Jon suggests that the case might not survive en banc review, but may go up on certiorari regardless. The second case, Stegemann v. Quatrone, is an ERISA case involving the duties of prudence and diversification.