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Postal Worker’s Case Ushers in 4th Cir. Appealability Rule (1)

Aug. 17, 2022, 8:58 PMUpdated: Aug. 17, 2022, 9:25 PM

Parties in federal lawsuits can appeal when a district court tosses a complaint or all of its claims without granting leave to amend, the full Fourth Circuit ruled.

The decision Wednesday, which involved an employment discrimination dispute between a US Postal Service worker and the agency, adopted a new standard for determining the appealability of a complaint that’s dismissed “without prejudice.”

In doing so, the US Court of Appeals for the Fourth Circuit abandoned its previous holding that a party can’t appeal a dismissal without prejudice unless the district court expressly indicated that no changes to the complaint could remedy ...