Smith v. Smith  ·  2022-08-25  ·  D. South Dakota  ·  pin 408 F.3d at 543

“[M]isapplication or misreading of the plain language of [the rule] does not establish excusable neglect.”

Norris v. Kohler Co  ·  2020-11-02  ·  E.D. Arkansas  ·  pin 408 F.3d at 543

“To the extent they contend that the drug testing itself was an adverse employment action, plaintiffs have identified no evidence from which the jury reasonably could have concluded that the drug testing was conducted in a racially discriminatory manner.”