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June 2015

Brown v. Nucor Redux

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For the second time, the Fourth Circuit has reversed the District Court’s decertification of a putative class in Brown v. Nucor, No. 13-1779, (May 11, 2015).  The Nucor Plaintiffs  sought certification for their Title VII and Section 1981 claims of failure to promote based on race.  After the Fourth Circuit reversed the District Court’s decertification Order in 2009 (Brown v. Nucor, 576 F.3d 149), the case went back to the District Court for further discovery.  The 2009 Nucor case is a significant precedent in the Fourth Circuit, because it provides a Plaintiff favorable interpretation of the Supreme Court’s decision in Walmart v….

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