Preview of Fourth Circuit Court of Appeals

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.  

Hog Nuisance Lawsuit Gag Order Lifted by Court of Appeals

Many are aware of the nuisance lawsuits that have been brought against Smithfield Foods and family farmers. During the course of these court cases, a gag order was placed on “all parties and their lawyers, representatives, and agents, as well as ‘all potential witnesses.’” It prevented those afore mentioned from giving any extrajudicial statement or interview to the media or public communications media.

The gag order was put into effect on June 27, 2018. Today, the United States Court of Appeals for the Fourth District filed that the petition challenging the gag order has been granted. The gag order, placed by Judge Earl Britt has been removed.

The gag order was put in place because of the high amount of publicity the trials were receiving and the concern that the publicity would prevent an impartial jury. However, as the recent Court of Appeals filing says, publicity often comes with trials, especially those in which the public has an interest. The frustration felt by many organizations, including NC Farm Families, regarding the inability to respond or freely communicate about ongoing trial events was keen. The frustration was especially felt when it seemed that the publicity was very one-sided. We are grateful that lifting the gag order will allow a more complete story to be told.

Publicity also does not prevent an impartial jury. As the filing states, “an impartial jury, moreover, need not be wholly unaware of information—including potentially prejudicial information—outside the record. ‘Prominence does not necessarily produce prejudice, and juror impartiality . . . does not require ignorance.’ Skilling v. United States, 561 U.S. 358, 381 (2010)(pg. 15).”

There were many reasons why the gag order was rescinded including violating First Amendment Rights and failure to be narrowly tailored were among the foremost reasons. Although, not being able to exercise First Amendment Rights is difficult enough, the gag continued to make matters worse by not being narrowly tailored. The gag order failed to be specific and instead made sweeping coverage. When the district court was asked for clarification, the response was to just figure it out and that it should be self-explanatory.

NC Farm Families is grateful for this decision, as are many others. The Court of Appeals said it well:

“All these people care. This case is about their lives and their livelihoods. Whatever differences the parties and their supporters have, they possess in common a passionate First Amendment interest in debating their futures. It seems very wrong that a court would take that from them.” (pg. 23)

To read the full filing click here: 4 Circuit Ruling

The next court case for the nuisance lawsuits is set for November 13.