News

Fourth Circuit Rules USERRA Retaliation Claim Can Go To Trial

February 14th, 2011
In a recent unpublished opinion, Bunting v. Town of Ocean City, the Fourth Circuit partially overturned a grant of summary judgment and allowed the plaintiff to proceed to trial on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 protec… Read More
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Categories: Judicial Decisions
Tags: Case Commentary, Discrimination, Fourth Circuit, Labor and Employment, Police, Retaliation, Summary Judgment, USERRA

Briefs Filed in Dail v. City of Goldsboro

February 10th, 2011
The following briefs opposing defendants’ motion to dismiss have recently been filed in Dail, v. City of Goldsboro, et al.: Plaintiff’s First Response Brief and Plaintiff’s Second Response Brief. Mr. Dail was convicted of a crime he… Read More
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Categories: News of the Firm
Tags: Briefs, Burton Craige, Civil Rights, Constitutional Law, EDNC, Exoneration, Narendra Ghosh, Negligence, Personal Injuries, Police Misconduct, Wrongful Conviction, Wrongful Incaceration

Supreme Court Endorses Associational Retaliation Claim

February 8th, 2011
Late last month, in Thompson v. North American Stainless, the Supreme Court unanimously concluded that firing a worker’s fiancé in retaliation for a sex discrimination claim filed by the worker is itself unlawful retaliation under Title VII. The a… Read More
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Categories: Judicial Decisions
Tags: Associational Retaliation, Case Commentary, Labor and Employment, Retaliation, Sex Discrimination, Title VII, US Supreme Court

NC Court of Appeals' Latest Decisions on Workers' Compensation

February 3rd, 2011
The North Carolina Court of Appeals published two opinions on workers’ compensation earlier this month. The first, Blalock v. Southeastern Materials, involved an award of attorneys’ fees as a sanction for unreasonable defense. N.C.G.S. §… Read More
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Categories: Judicial Decisions
Tags: Aggravated Condition, Attorneys' Fees, Case Commentary, Industrial Commission, Medical Causation, NC Court of Appeals, Parsons Presumption, Sanction, Unreasonable Defense, Workers' Compensation

EEOC Sees Increase in Discrimination Claims

January 29th, 2011
In the past year, the Equal Employment Opportunity Commission (EEOC) has seen 7.2 % in discrimination claims being filed with agency. Coverage here. The EEOC handles charges under Title VII, the ADA, the ADEA, the Equal Pay Act, and GINA. EEOC Chair… Read More
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Categories: General News
Tags: ADA, ADEA, Credit History, Disability Discrimination, Disparate Impact, EEOC, Equal Pay Act, GINA, Labor and Employment, Retaliation, Title VII

Patterson Harkavy Wins in Fourth Circuit for Underpaid Workers

January 24th, 2011
In Simmons v. United Mortgage and Loan Investment, LLC, the Fourth Circuit ruled for plaintiffs and reversed the district court in this wage and hour case. The plaintiffs are Charlotte-based Junior Asset Managers for a mortgage company who were not p… Read More
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Categories: Judicial Decisions, News of the Firm
Tags: Ann Groninger, Appeals, Burton Craige, Charlotte, Class Action, Collective Action, Fair Labor Standards Act, FLSA, Fourth Circuit, Labor and Employment, Narendra Ghosh, NCWHA, North Carolina Wage and Hour Act, Overtime, Results, Wage and Hour, Wages

Burton's News & Observer Op-Ed on Medical Errors

January 22nd, 2011
On Thursday, the News and Observer published an opinion piece by Dr. James Bryan and Burton Craige entitled Harmed in the Hospital. It begins: “In 1999, the Institute of Medicine reported that medical errors in American hospitals cause up to 98… Read More
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Categories: General News, News of the Firm
Tags: Articles, Burton Craige, Medical Errors, News and Observer, Press

NC Court of Appeals Rejects Workers' Compensation Settlement Agreement

January 17th, 2011
In Kee v. Caromont Health, Inc., the North Carolina Court of Appeals upheld the Industrial Commission’s rejection of a compromise settlement agreement. The agreement originally reached by the parties involved the defendants paying plaintiff $20… Read More
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Categories: Judicial Decisions
Tags: Case Commentary, Employment Rights, Industrial Commission, NC Court of Appeals, Settlements, Workers' Compensation

NC Court of Appeals Supports Employment Contract Claim

January 15th, 2011
In Lockett v. Sister-2-Sister Solutions, Inc., the North Carolina Court of Appeals reversed the dismissal of a breach of contract claim based on the plaintiff’s employment. In this case, the plaintiff had an employment contract with the defenda… Read More
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Categories: Judicial Decisions
Tags: At-Will Employment, Breach of Contract, Case Commentary, Employment Contract, Labor and Employment, NC Court of Appeals, NC Wage and Hour Act

Recent Fourth Circuit Employment Decisions

January 13th, 2011
The Fourth Circuit has published a couple of opinions on employment law cases in recent weeks. The first case, Bonds v. Leavitt, concerned a federal employee’s suit against the Department of Health and Human Services, which alleged Title VII cl… Read More
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Categories: Judicial Decisions
Tags: Case Commentary, Eleventh Amendment, Federal Employees, FMLA, Fourth Circuit, Labor and Employment, Medical Leave, Pleading, Racial Discrimination, Retaliation, Sovereign Immunity, Title VII, Whistle-blowing, Whistleblower Protection Act
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