Epstein Secrets

majority now embraces: that the employer never "shoveled] that correcting the errors would negate the disparate impact." Brief for Appellant at 26, Freeman, 778 F.3d 463, 2014 WL 320746. The Court appropriately rejected that argument then; it should have done the same now. ['939] Rather than focusing o

statistical evidence offered to show disparate impact because the evidence contained a number of "mistakes and omissions" in its analysis. EEOC v. Freeman, 778 F.3d 463, 467 (4th Cir. 2015) . The Court did so even though the plaintiff there raised the very same argument that the majority now embraces:

tment . . . is inherently different from hostile work environment. The federal courts treat the two types of cases differently for good reason." See Pollard v. E.I. DuPont de Nemours Co., 213 F.3d 933, 943 (6th Cir. 2000), rev'd on other grounds, 532 U.S. 843, 121 S. Ct. 1946, 150 L. Ed. 2d 62 (2001). A

im- ited to post-indictment matters, but also include "lijnvestigative functions carried out pursuant to the preparation of a prose- cutor's case." Freeman on Behalf of the Sanctuary a little, 708 F.2d 442, 443 (9th Cir.1983) (per euriam). See also Atkins v. tanning, 656 F.2d 485, 488-89 (10th Cir. 1

3, 925 (N.D. 111.1964) (motion to quash grand jury subpoe. nas). EFTA00191855 808 770 FEDERAL REPORTER, 2d SERIES "reasonable basis" standard. Pollard, 283 FSupp. at 258; Reporters Committee, 693 F2d at 1064. See also Bran:burg v. Hayes; 408 U.S. 665, 699-01, 707-08, 92 S.Ct. 2646, 2665-66, 2669

ent] privilege issued is raised." In re Grand Jury Matter (ABC Coeµ), 736 F.2d 1330, 1881 (11th Cir.1984), (quoting In re Grand Jury Proceedings (Freeman), 708 F.2d 1571, 1575 (11th Cir. 1983)); see also In re Grand Jury Subpoe- na (Newparent, Inc.), 274 F.3d 663, 670 (1st Cir.2001) ("Colorable claim

result in more limited waiver, as to the materials actually produced. This concept was clari- fied further y the Court in Martin Mari- etta Corp. . Pollard, 856 F.2d 619, 626 i (4th Cir.19 ), where it stated: irst and most generally, opinion work product is to be accorded great protection by the cou