» Case Commentary

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

March 30th, 2012
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… Read More
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Categories: Judicial Decisions
Tags: Case Commentary, FMLA, Labor and Employment, North Carolina, US Supreme Court

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

March 26th, 2012
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… Read More
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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, Discrimination, Fourth Circuit, Labor and Employment, Title VII

4th Circuit CoA Examines Faragher-Ellerth Defense

March 22nd, 2012
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 promot… Read More
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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, Fourth Circuit, Labor and Employment

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

March 10th, 2012
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 p… Read More
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Categories: Judicial Decisions
Tags: ADA, Appeals, Case Commentary, Fourth Circuit, Labor and Employment

Rawls Prevails in Court of Appeals in Workers' Compensation Case

March 2nd, 2012
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… Read More
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Categories: Judicial Decisions, News of the Firm, Results
Tags: Appeals, Case Commentary, Causation, Disability Compensation, Hank Patterson, Industrial Commission, Narendra Ghosh, NC Court of Appeals, Results, Truck Accident, Workers' Compensation

The 4th Circuit CoA Reversed the Granting of Summary Judgment to the employer, Finding Merit in a Claim of Discriminatory Discharge

February 24th, 2012
In Burgess v. Bowen, Denise Burgess, an African American female, worked as an executive for the Special Inspector General for Iraq Reconstruction (“SIGIR”). Burgess had requested an administrative assistant be hired for her and another African Am… Read More
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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, Discrimination, Fourth Circuit, Labor and Employment

4th Circuit Rules that Internal Complaints are Protected Activities Under FLSA’s Anti-Retaliation Provision

February 12th, 2012
In Minor v. Bostwick Laboratories, Inc., Kathy Minor was hired by Bostwick Laboratories as a medical technologist on December 24, 2007. She received satisfactory or above average ratings at her only performance review on April 30, 2008, just twelve d… Read More
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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, FLSA, Fourth Circuit, Labor and Employment, Retaliation

4th Circuit CoA Rules on Attorneys Fees in Unsuccessful Title VII Suit

February 7th, 2012
The EEOC v. Great Steaks, Inc., EEOC accused Great Steaks of subjecting female employees to a sexually hostile work environment. Although at the start of the case the EEOC asserted its claim on behalf of seven or eight claimants, that number diminish… Read More
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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, Fourth Circuit, Labor and Employment, Title VII

4th Circuit CoA Ruled that Federal Employees are Barred from Bringing Title VII Suits in State Court

February 2nd, 2012
In Bullock v. Napolitano, Willie Bullock was a former employee in the federal air marshal program and sued the Department of Homeland Security for racial discrimination under Title VII. He filed suit in North Carolina superior court and the defendant… Read More
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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, Fourth Circuit, Labor and Employment, North Carolina, Title VII

Appeals Court Decides Two Workers' Comp Cases

February 1st, 2012
The North Carolina Court of Appeals recently published decisions in the following cases: In Coffey v Weyerhaeuser Co., the Court,based on N.C.G.S. 97-38 in the Workers’ Compensation Act, was tasked with determining “whether [Barber’s] d… Read More
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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, Causation, Compensable Injury, Death Benefits, Disability Benefits, Industrial Commission, NC Court of Appeals, Workers' Compensation
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