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VOLUME 34 NUMBER 23 ■
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DECEMBER 5, 2022 ■ $8.50
TEST CASE
Advocates for Justice names new leader
Dr. Jane DiCocco was 67 years old when she was hired in 2014 as a psychiatrist with the Bureau of Prisons, or BOP, to work at a correctional facility in Petersburg. All prison employees, regardless of age, position or gender, had to pass a physical abilities test. DiCocco failed the test and refused to retake it within 24 hours because she feared that she would be unable to satisfactorily complete it in her exhausted physical condition. The Bureau told her that, unless she re-
Shannon Leskin is the new executive director of the North Carolina Advocates for Justice, according to a news release from the organization. She began in her role immediately following a vote of the NCAJ Board of Governors in October. NCAJ, which is celebrating its 60th anniversary this year, is a statewide association of plaintiffs’ lawyers and defense attorneys. A nonprofit, nonpartisan group, it is dediShannon cated to empowering Leskin a strong community of trial lawyers to protect people, prevent injustice and promote fairness. Leskin has served as NCAJ’s interim executive director since the prior executive director departed in June. She is a management and governance expert with over 40 years of experience in the nonprofit sector working with nationally known nonprofit institutions. NCAJ Immediate Past President John McCabe, who led the executive director search committee, said Leskin’s steady guidance during the interim period is a strong example of her leadership style. “Over the last four-and-a-half months, Shannon has proved to be a strong, unifying, and forward-thinking leader,” McCabe said. “She has repeatedly demonstrated her commitment to NCAJ’s vision of protecting people, preventing injustice, and promoting
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The 4th Circuit Court of Appeals has reversed a lower court holding that a plaintiff lacked standing because her resignation after a fitness test did not constitute an ‘adverse employment action’ under Title VII of the Civil Rights Act. DepositPhotos
4th Circuit reverses dismissal of ADEA, Title VII claims ■ BY NICK HURSTON BTM Wire Services A plaintiff who said a required physical fitness test was a discriminatory condition of her government employment and that she was injured by a loss of income when she resigned after failing it can pursue claims under the Age Discrimination in Employment Act and Title VII. The 4th U.S. Circuit Court of Appeals reversed a lower court holding that the plaintiff lacked standing because her resignation did not constitute an “adverse employment action”
under the ADEA or Title VII of the Civil Rights Act. “[T]he district court inappropriately intertwined its standing analysis with the merits,” Judge Julian N. Richardson wrote for the court. “[The plaintiff] alleged that she suffered financial and job-related injuries in fact that are fairly traceable to the government’s action and likely to be redressed by a favorable ruling.” Richardson’s decision in DiCocco v. Garland (VLW 022-2-236) was joined by Senior Judge Henry F. Floyd and Judge J. Harvie Wilkinson. Resignation
Family of bicyclist killed after car strike settles for $7.9M ■ BY HAVILAND STEWART hstewart@nclawyersweekly.com The family of a cyclist who was hit and killed by a pickup truck on his morning ride before work reached a settlement of $7.9 million. The pickup truck driver was driving on behalf of his company and the vehicle had a commercial insurance policy. Both the driver and their company were named as defendants. According to the accident report, the driver of the pickup truck was cited to be at fault and was driving too fast for conditions. The plaintiff alleged that he was distracted as he should have been able to see
the cyclist who had front and rear lights. The deceased was a 50-year-old U.S. Navy veteran and married father of three children. FollowScott C. Evans James B. ing his retirement Moore III from the U.S. Navy, which included a tour during Operation Iraq Freedom, the deceased obtained his bachelor’s and master’s degrees in environmental studies. He was
employed as an environmental coordinator at the time of his death. The defense argued that the deceased “assumed the risk” because he was riding his bicycle on a busy highway at dark with a posted speed limit of 55 mph. Additionally, the defense argued that the plaintiff was killed at impact and therefore there would be no pain and suffering, which would limit his damages under the survival cause of action. According to an economic loss report reprepared by Oliver Wood, the present value of the financial loss associated with the death was valued See car strike Page 6 ►
INSIDE NEWS
VERDICTS & SETTLEMENTS
VERDICTS & SETTLEMENTS
Wrongful conviction results in $9.5M settlemetn for estate
Teen injured in boating accident settles for $3.1M
Estate, family awarded $1.3M after being injured in crash
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