4th Circ. Appears Reluctant To Split Courts On Pre-Janus Fees

By Danielle Nichole Smith (December 9, 2020, 8:58 PM EST) -- Counsel for two public school teachers urged the Fourth Circuit in oral arguments Wednesday to let them recoup union dues they paid before the U.S. Supreme Court's Janus ruling, but the panel seemed skeptical of creating a circuit split with the six courts that have said those payments can't be recovered.

Mitchell Law PLLC's Jonathan Mitchell argued on behalf of Ruth Akers and Sharon Moesel, who are suing the Maryland State Education Association and its affiliates to recover representation fees they paid before the Supreme Court's decision in Janus v. AFSCME. However, Mitchell was interrupted just a few sentences into his...

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