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MASSEY v. VIRGINIA POLYTECHNIC INST. & STATE UNIV.

No. 22-1320.

75 F.4th 407 (2023)

John Davis MASSEY, Jr., Plaintiff-Appellant, v. VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY, Commonwealth of Virginia, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 31, 2023.

Amended: August 1, 2023.

Attorney(s) appearing for the Case

ARGUED: Thomas Eugene Strelka , STRELKA EMPLOYMENT LAW, Roanoke, Virginia, for Appellant. Annie Chiang , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. ON BRIEF: L. Leigh R. Strelka , N. Winston West, IV , Brittany M. Haddox , STRELKA EMPLOYMENT LAW, Roanoke, Virginia, for Appellant. Jason S. Miyares , Attorney General, Charles H. Slemp, III , Chief Deputy Attorney General, Andrew N. Ferguson , Solicitor General, Erika L. Maley , Principal Deputy Solicitor General, Lucas W.E. Croslow , Deputy Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Vacated and remanded by published opinion. Senior Judge Traxler wrote the opinion, in which Judge Wynn and Judge Richardson joined.

John Massey filed a lawsuit in Virginia state court asserting federal claims against his former employer, Virginia Polytechnic Institute and State University ("Virginia Tech"). Massey took a voluntary nonsuit of that action, as was his right under Virginia law, and refiled the action in federal district court about...

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