The Fourth Circuit recently issued an excellent decision in Okoli v. City of Baltimore. This case presents claims under Title VII action for sexual harassment and retaliation (termination) for reporting the harassment. Amazingly, the trial court dismissed the case. The Fourth Circuit reversed, concluding that the plaintiff’s allegations that her boss forcibly kissed her, fondled
In Campbell v. National Pipe and Plastics Inc. the Plaintiff, Sherron Campbell, was represented in part by Narendra Ghosh of Patterson Harkavy. The North Carolina Court of Appeals ruled for the plaintiff in affirming the North Carolina Industrial Commission’s Opinion and Award, which had awarded workers’ compensation benefits to Ms. Campbell. Ms. Campbell suffered injuries
In Evans v. Hendrick Automotive Group, the North Carolina Court of Appeals published this opinion, ruling that defendants improperly appealed a non-final decision of the Industrial Commission, and dismissing their appeal. Ms. Evans was an office manager for a Hendrick dealership in Texas. She was injured during a business trip to Charlotte, while she was
The North Carolina Supreme Court has sent a tricky workers’ compensation case back the Industrial Commission for additional fact-finding. Cardwell v. Jenkins Cleaner involves a plaintiff who was injured when she slipped on some black ice three feet away from the back door to her office. Our coverage of the Court of Appeals’ split-decision in
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 paid overtime even though they worked more than 40 hours per week. They brought claims
Ending two ridiculously long waits, the Senate has finally confirmed Charlotte Judge Albert Diaz to the Fourth Circuit Court of Appeals and Greensboro Judge Catherine Eagles to the Middle District of North Carolina. Both will be excellent judges, and their confirmations have been long overdue. Other North Carolina nominations are still pending though. Former Magistrate
In a unanimous decision, the North Carolina Court of Appeals upheld the trial court’s decision awarding Plaintiff Rebecca Davis joint custody of the child she raised with her former domestic partner: Defendant Margaret Swan appeals from an order granting Plaintiff Rebecca Davis joint legal custody and secondary physical custody of Swan’s biological child (“minor child”).
In an unpublished decision last month, the North Carolina Court of Appeals issued Crocker v. Griffin, a case that touched on emotional distress claims in the workplace setting. In the case, four plaintiffs brought suit against their employer because their boss, the director of the Transylvania County DSS, verbally abused and bullied them. The plaintiffs