William Nickeo v. Virgin Islands Telephone Corp.

On Appeal from the District Court of the Virgin Islands

OPINION OF THE COURT

SLOVITER, Chief Judge.

This is an interlocutory appeal from an order of the District Court of the Virgin Islands denying defendants motion to dismiss a complaint seeking damages for termination of plaintiff's employment under 42 U.S.C. § 1981 and the Virgin Islands Wrongful Discharge Act. The district court held (1) that the count filed under 42 U.S.C. § 1981 was actionable because the Civil Rights Act of 1991 applies retroactively to claims pending on the date of the Act's enactment, and (2) that the count filed under…