SCLAWYERSWEEKLY.COM VOLUME 20 NUMBER 24 ■
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TEST CASE
Former state representative joins firm
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 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 See Case Page 5 ►
Former member of the S.C. House of Representatives, combat veteran and experienced litigator James E. Smith, Jr. has joined Nelson Mullins Riley & Scarborough LLP in its Columbia, S.C. office as a partner, a news release stated. Smith joins the firm from the University of South Carolina, where he was the special assistant to the president from 2020-2022. Smith brings vast legal experience to the firm in commercial litigation, business litigation, civil litigation, personal James E. injury, product li- Smith Jr. ability, alternative dispute resolution, contract negotiation, and medical malpractice. Aside from his extensive legal practice, Smith is a veteran who served as an infantry officer in Operation Enduring Freedom in Afghanistan from 2007-2008. He earned the Bronze Star Metal, Combat Infantryman Badge, and Purple Heart during his service. “James is a brilliant addition to the firm,” said David Dukes, a partner with the firm. “His experience and commitment add additional depth to the firm, creating great opportunities for the future.” Established in 1897, Nelson Mullins is an Am Law 100 firm of more than 930 attorneys and government relations professionals with 31 offices in 15 states and Washington, D.C. For more information on the firm, go to www.nelsonmullins.com. Staff report
$15.75M settlement for fall that led to paraplegia ■ BY HEATH HAMACHER A woman who was rendered paraplegic after falling from a scaffold at a Lousiana worksite has settled her claims for nearly $16 million. Plaintiff Meylin Castro reported for work on July 12, 2017, as a temporary constructor laborer on an asbestos abatement project at a church near Baton Rouge, Louisiana. While working on a scaffold, Castro fell approximately 20 feet through an unmarked, unguarded gap covered with a sheet of polyethylene plastic used to create a “containment area” for the asbestos project. One of Castro’s attorneys, William Applegate
of Yarborough Applegate in Charleston, said that these types of companies must continue to be held accountable for what is “simply astounding” conduct at the expense of their own employees. “Unfortunately, with companies that use immigrant labor, cutting corners on safety has become the norm but we have learned through experience that juries will not put up with companies who shirk their responsibilities to the very people who make them run.” Castro claimed that the scaffolding was negligently built by defendant Sunbelt Rentals without guard rails required by OSHA regulations, leaving a dangerous open end of the scaffold. After construc-
tion of the scaffold, defendant 1 Priority covered the structure in plastic to create the containment zone for the asbestos, Castros’ attorneys said, adding that the quasi-opaque plastic created a false impression that the scaffold decking extended to the nearby wall. Liam Duffy, also of Yarborough Applegate in Charleston, wrote in an email to Lawyers Weekly that “1 Priority also failed to give Ms. Castro any instruction, warning, training, supervision, or safety harness, despite being responsible for job site safety. The fall occurred on Ms. Castro’s first day on the job.” Castro suffered a closed head injury and T3-levSee Settlement Page 5 ►
INSIDE NEWS
VERDICTS & SETTLEMENTS
VERDICTS & SETTLEMENTS
South Carolina firms add five attorneys to their staffs
Hit and run victim settles for $900K after suffering injuries
Family receives $19M after fatal auto crash
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