» Judicial Decisions

NLRB Strikes Blow Against Bans on Class Action Arbitrations

January 29th, 2012
The National Labor Relations Board recently ruled in favor of both union and non-union private sector employees on a significant issue concerning workplace litigation. At issue were mandatory arbitration agreements signed upon employment that force e… Read More
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Categories: General News, Judicial Decisions
Tags: Arbitration, Arbitration Agreement, Class Actions, Collective Actions, Concerted Activity, Labor and Employment, NLRA, NLRB, Union

NC COA Addresses Exception to Workers' Comp Preemption

January 22nd, 2012
In Trivette v. Yount the defendant, a middle school principle, had a fire extinguisher removed from a classroom after a student had removed the safety pin and discharged the extinguisher. The fire extinguisher was brought to the front office to avoid… Read More
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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, Labor and Employment, NC Court of Appeals, North Carolina, Personal Injuries, Workers' Compensation

Supreme Court Addresses Establishment and Free Exercise Clauses of the First Amendment

January 20th, 2012
In Hosanna-Tabor Church v. EEOC, Cheryl Perich was a teacher for a Lutheran organization, Hosanna-Tabor Evangelical Lutheran Church, in a kindergarten through eighth grade school that the church operated. Some teachers, such as Perich, have completed… Read More
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Categories: Judicial Decisions

NC COA Decides Handful of Workers' Comp Cases

January 8th, 2012
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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Categories: Judicial Decisions
Tags: Appeals, Attendant Care, Case Commentary, Causation, Compensable Injury, Independent Contractors, Industrial Commission, Mediation, NC Court of Appeals, Workers' Compensation

NC Court of Appeals' Recent Workers' Compensation Cases

December 28th, 2011
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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Categories: Judicial Decisions
Tags: Appeals, Attendant Care, Case Commentary, Industrial Commission, NC Court of Appeals, Pre-Approval, Seagraves, Suitable Employment, Workers' Compensation

NC COA Examines Public Duty Doctrine

December 21st, 2011
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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Categories: Judicial Decisions, Results
Tags: Appeals, Briefs, Burton Craige, Case Commentary, Industrial Commission, NC Court of Appeals, NCAJ, North Carolina, Personal Injuries, public duty doctrine, Results

US Supreme Court to Decide Important Wage and Hour Case

November 29th, 2011
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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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, Department of Labor, FLSA, Labor and Employment, Ninth Circuit, Overtime, Sales Representatives, US Supreme Court, Wage and Hour

NC Court of Appeals Rejects Free Speech Retaliation Appeal

November 21st, 2011
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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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, Civil Rights, Constitutional Law, First Amendment, Labor and Employment, NC Court of Appeals, North Carolina, Retaliation, Summary Judgment

NC Appeals Court on Asbestos and Workers' Compensation

November 20th, 2011
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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Categories: Judicial Decisions
Tags: Appeals, Asbestos, Carrier on Risk, Case Commentary, Compensable Injury, Industrial Commission, NC Court of Appeals, Occupational Disease, Workers' Compensation

NC Court of Appeals Reviews Workers' Comp Cases

November 17th, 2011
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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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, Compensable Injury, Disability, Industrial Commission, Injury by Accident, NC Court of Appeals, Presumptions, Workers' Compensation
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