Win for Burton and Narendra: Court of Appeals Affirms Dismissal of District Attorney Tracey Cline

The North Carolina Court of Appeals has affirmed a trial court order removing Durham District Attorney Tracey Cline from her office.  In re Cline, __ N.C. App. ___, 749 S.E.2d 91 (2013).  Patterson Harkavy attorney Burton Craige acted as court appointed counsel responding to Cline’s appeal of her dismissal. The controversy has its roots in

Court of Appeals Rejects REDA Claim by Pro Se Plaintiff

In Fatta v M & M Properties Management, Inc. the North Carolina Court of Appeals heard an appeal by a pro se plaintiff of the trial court’s granting of summary judgement.  Plaintiff worked for the company in one of their hotels as a property manager.  During Plaintiff’s training, he was injured while cleaning a room.  He

The 4th Circuit CoA Ruled that the EEOC could be Estopped in an ADA Enforcement Action

In EEOC v. Greater Baltimore Medical Center, Inc., Michael Turner was a unit secretary at GBMC who suffered multiple serious health conditions in 2005 that first required hospitalization in January 2005.  He was out of the work for most of the year and then suffered a stroke in December 2005.  That month he filed an application for

SCOTUS Rules that Self-Care Provision of the FMLA does not Apply to the States: North Carolina Not Affected

In Coleman v. Court Of Appeals Of Maryland, Daniel Coleman was employed by the Court of Appeals of the State of Maryland.  When he requested sick leave, he was informed he would be terminated if he did not resign.  He then filed an FMLA suit, which was dismissed on sovereign immunity grounds.  Breaking along the familiar

The 4th Circuit CoA Holds that Discrimination in the Offers of Severance Agreements can be Actionable Under Title VII

In Gerner v. County of Chesterfield, Karla Gerner was a twenty-five employee of the county whose position was eliminated in a reorganization.  She was offered a severance agreement that included three months of pay, which she rejected.  The county then terminated her without any severance.  She filed suit under Title VII, alleging sex discrimination in that male

4th Circuit CoA Examines Faragher-Ellerth Defense

In Dulaney v. Packaging Corp. of America, Carla Dulaney started working for PCA in 2006 on as assembly line position.  The “lead production worker” was Bobby Mills, who had a number of supervisory powers.  In November 2006, Mills effectively promoted Dulaney from a probationary to permanent position.  The next month, he began repeatedly demanding quid pro

4th Circuit Rejected the ADA Claim for a Medical Student with ADHD

In Halpern v. Wake Forest University Health Sciences, Ronen Halpern was enrolled in Wake Forest’s Doctor of Medicine program from July 2004 to March 2009.  Halpern has been diagnosed with ADHD and anxiety disorder, both of which he treats with prescription medications.  Halpern’s difficulties with professionalism began almost immediately after his arrival at the Medical School and

Rawls Prevails in Court of Appeals in Workers’ Compensation Case

The North Carolina Court of Appeals ruled in favor of one of the firm’s clients in an appeal brought by the defendants.  In Rawls v. Yellow Roadway Corporation, the Full Commission awarded Veran Rawls ongoing total disability compensation since his 2005 truck accident.  Defendants argued that the Full Commission had erred in several findings of fact,