» Appeals

NC COA Decides Handful of Workers' Comp Cases

Late last month, the North Carolina Court of Appeals published their opinions in the following workers’ compensation cases: Archie v. Kirk: The plaintiff worked for Edward Kirk changing billboard advertisements. Kirk provided necessary tools an… Read More
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NC Court of Appeals' Recent Workers' Compensation Cases

The North Carolina Court of Appeals heard two workers’ compensation cases on appeal and decided them earlier this month. The first, Mehaffey v. Burger King involved a manager at Burger King who suffered a compensable knee injury while at work.… Read More
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NC COA Examines Public Duty Doctrine

The North Carolina Court of Appeals reversed the decision of the North Carolina Industrial Commission in Ray v. NC Department of Transportation. The case involved the death of a motorist and her passengers in 2002 when an eroded section of pavement c… Read More
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US Supreme Court to Decide Important Wage and Hour Case

Yesterday, the Supreme Court of the United States granted a writ of certiorari in Christopher v. SmithKline Beecham Corp. The Ninth Circuit’s opinion, now on appeal, can be viewed here. The issue was whether pharmaceutical sales representatives are… Read More
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NC Court of Appeals Rejects Free Speech Retaliation Appeal

The North Carolina Court of Appeals published a decision in a free-speech retaliation case in Ginsberg v. Board of Governors of the University of North Carolina. The plaintiff, who worked at NC State University as a teaching assistant professor, cont… Read More
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NC Appeals Court on Asbestos and Workers' Compensation

In Maudlin v. A.C. Corp et al., the North Carolina Court of Appeals addressed a multi-pronged asbestos case. The case involved a man who worked as a pipefitter for more than 19 years at the company. He was exposed to insulation that contained asbesto… Read More
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NC Court of Appeals Reviews Workers' Comp Cases

The North Carolina Court of Appeals decided two workers’ compensation cases of note this week. The first, Salomon v. The Oaks of Carolina, involved a Certified Nurse’s Assistant (CNA) whose shoulder was injured when she was changing a partial… Read More
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Fourth Circuit Affirms Protected Concerted Activity Claim

The Fourth Circuit Court of Appeals recently decided NLRB v. White Oak Manor, a case involving an employee’s protected concerted activity, ruling in favor of the NLRB who sought to enforce an order in favor of the employee. The employee, who wa… Read More
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Brief Filed for Rawls in Workers' Compensation Appeal

In Rawls v. Yellow Transportation, the Industrial Commission concluded that plaintiff Veran Rawls suffered a compensable injury by accident in 2005 and has been totally disabled since that time. Defendants appealed. Hank Patterson and Narendra Ghosh,… Read More
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Jon Harkavy Presents Annual Paper on SCOTUS Employment Law Decisions

On October 21st, at the 27th Annual North Carolina/South Carolina Labor and Employment Law CLE held in Charleston, South Carolina, Jonathan Harkavy presented his 2010-11 annual review of the Supreme Court’s employment law cases. His paper is entitl… Read More
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