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

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, contended that the University had violated her First Amendment free speech rights by punishing her in

Patterson Harkavy Defeats Summary Jugment in Sexual Harassment Case

In the case of Pascoe v. Furniture Brands International, Judge Frank Whitney in the Western District of North Carolina denied the defendants’ motion for summary judgment on plaintiff’s claims of sexual harassment today.  The case will now proceed to trial, which is scheduled for later this month.  Ann Groninger and Joshua Van Kampen represent the

Fourth Circuit Rules USERRA Retaliation Claim Can Go To Trial

In a recent unpublished opinion, Bunting v. Town of Ocean City, the Fourth Circuit partially overturned a grant of summary judgment and allowed the plaintiff to proceed to trial on his USERRA retaliation claim.   USERRA is a federal statute that protects armed service members from being discriminated in employment because of their service.  Like other

Firm Defeats Summary Judgement in Age Discrimination Case

On December 22, Judge Voorhees in the Western District of North Carolina denied defendant’s motion for summary judgment in Fox v. Alexander County.  Terry Fox, the plaintiff, had been employed by Alexander County EMS since 1983 and had been promoted several times. In 2006, Fox was demoted and replaced by a younger worker, purportedly because