A Preview of the Upcoming Appeal of Nuisance Lawsuits
It’s been nearly two years since a Wake County jury delivered its first verdict in the nuisance lawsuits against Murphy-Brown. That verdict, a $50 million judgement, will be the subject of an appeal heard by the U.S. Court of Appeals for the Fourth Circuit in Richmond on Friday, January 31.
We’ve been waiting for this day.
North Carolina hog farmers — along with their family, friends and neighbors who depend on a strong pork industry — want the opportunity to correct a series of mistakes made by the 88-year-old trial judge.
The appeals court will finally hear oral arguments from Murphy-Brown. In its written appeal, the company identified seven critical mistakes that influenced the outcome of the cases.
“These errors took a costly toll,” Murphy-Brown argues. “Deprived of the opportunity to resolve factual disputes, improperly exposed to prejudicial evidence, misled by one-sided expert testimony, and misinformed about the law, the jury awarded ten plaintiffs more than $50 million — all for the alleged annoyance and discomfort of living near a farm that opened nearly 25 years ago,” the court filing says.
Murphy-Brown is asking the appeals court to consider the following options: reverse the punitive damages award, dismiss the case, or order a new trial under different circumstances (excluding improper evidence and testimony, etc.).
Who will hear the arguments?
Arguments will be heard by a panel of three judges from the U.S. Court of Appeals. The identity of the panel will remain confidential until the day of the arguments.
How long will it last?
Each side will have 20 minutes to present their case, beginning with Murphy-Brown. The court will post a recording of the oral arguments on Monday, February 3.
When will the court issue a ruling?
No time soon. The court typically issues a ruling within three to six months. The remaining nuisance lawsuits, including future planned trials, will remain on hold until the appeals court issues its ruling.
Previous rulings by the Court of Appeals
This won’t be the first time the U.S. Court of Appeals for the Fourth Circuit has considered issues related to these nuisance lawsuits. In 2018, it was asked to overturn a gag order imposed by Judge Earl Britt during the second trial that prevented Murphy-Brown and others from commenting on the lawsuits.
In that case, the appeals court strongly condemned the judge’s actions in overturning his decision.
“The mischief of the trial court’s action should be apparent,” the court stated. “The gag order has already inflicted serious harm on parties, advocates, and potential witnesses alike. It has muted political engagement on a contested issue of great public and private consequence. It has hamstrung the exercise of First Amendment rights. Even in short doses, these harms are hostile to the First Amendment.”
While that outcome was favorable to hog farmers, each appeal has its own unique set of legal issues that must be considered. We do not know which judges will hear this appeal or how the court may rule.
Want to attend?
Oral arguments will be heard by the U.S. Court of Appeals for the Fourth Circuit in Richmond, Virginia on Friday, January 31. Proceeding will begin at 8:30 am in Room 412. The Court of Appeals is located in the Lewis F. Powell Jr. Courthouse at 1100 East Main Street.