An appeal of the controversial nuisance lawsuits against Murphy-Brown will be considered by the U.S. Court of Appeals for the Fourth Circuit in January 2020. That’s when the appeals court in Richmond will hear arguments from the pork producer about seven serious errors that resulted in an unfair and improper trial.
The appeals court will hear oral arguments from Murphy-Brown and the plaintiffs during its January 28-31 session as it considers requests to dismiss the case, reverse the punitive damages award, and/or order a new trial. Rulings are typically issued three to six months after oral arguments are heard.
This is not the first time the U.S. Court of Appeals has considered issues involving the nuisance lawsuits. In September 2018, a panel of three judges sharply criticized U.S. District Court Judge Earl Britt for imposing a gag order during the second trial.
The Fourth Circuit called the gag order “ill-advised” and “unconstitutionally vague,” noting “the mischief of the trial court’s action should be apparent.”
“This is wrong,” the court wrote in a 24-page opinion vacating the gag order.
“The gag order has already inflicted serious harm on parties, advocates, and potential witnesses alike,” the ruled stated. “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.”
“The gag order harms farmers,” the court wrote in describing the harm caused by Judge Britt’s order. “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. “
We have anxiously waited for this to be scheduled, and now, we wait to see the opinion of the Court of Appeals. Their verdict will impact the lives of many family farmers. We will keep everyone up-to-date and apprised of further progressions.