In a 2-1 decision, the Fourth Circuit today upheld a summary judgment and jury verdict relating to allegations that Waffle House violated the rights of a family when an employee told a family member that "we don’t serve niggers here."  The majority decided that the jury’s decision purged the error in the district court’s granting of summary judgment against the family members who didn’t hear the slur first-hand.  It also concluded that the district court didn’t commit reversible error by refusing to cure a false statement, by Waffle House’s lawyer, attributing the slur to a non-employee.  Eddy v. Waffle House, Inc., No. 04-2505 (4th Cir. Apr. 6, 2007).

Blawgletter doubts that the Fourth Circuit’s ruling will detract from the court’s reputation as the most conservative appellate court in the federal system.

Barry Barnett

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