» Case Commentary

NC Court of Appeals Rules for State Employee in Whistleblower Case

October 9th, 2011
The North Carolina Court of Appeals recently issued an interesting decision in Wang v. UNC-CH School of Medicine. The majority agreed with the trial court in finding that employees who are excluded from the State Personnel Act are still entitled to p… Read More
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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, Labor and Employment, NC Court of Appeals, State Employee, UNC, Whistleblower Act

NC Court of Appeals Issues Decisions on Workers' Compensation

October 8th, 2011
In the workers’ compensation case, Sellers v. FMC Corporation, the North Carolina Court of Appeals dealt with the issue of excusable neglect in filing appeals in the Industrial Commission. At issue was the defendants’ untimely appeal of an Opinio… Read More
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Categories: Judicial Decisions
Tags: Apparent Authority, Appeals, Case Commentary, Employee Relationship, Excusable Neglect, Industrial Commission, Workers' Compensation

Title VII’s Religious Entity Exemption at Issue Before 4th Circuit CoA

September 30th, 2011
In Kennedy v. St. Joseph’s Ministries, Inc., Villa St. Catherine is a tax-exempt religious organization that operates a nursing care facility under the direction of the Daughters of Charity, a religious order within the Roman Catholic Church, and m… Read More
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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, Fourth Circuit, Labor and Employment, Title VII

Fourth Circuit Rejects FLSA Retaliation Claim for Job Applicant

August 28th, 2011
The Fourth Circuit recently issued a troubling 2-1 decision in Dellinger v. Science Applications International Corp. The majority (Judges Niemeyer and Keenan) held that under the anti-retaliation provision for the Fair Labor Standards Act (FLSA, the… Read More
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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, FLSA, Fourth Circuit, Labor and Employment, Retaliation, Title VII

4th Circuit Examines FLSA’s Anti-Retaliation Provision

August 22nd, 2011
In Dellinger v. Sci. Applications International Corp., Natalie Dellinger sued her former employer, CACI, Inc., in July 2009 for alleged violations of the FLSA’s minimum wage and overtime provisions. Around the same time, she applied for a job with… Read More
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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, FLSA, Fourth Circuit, Labor and Employment

4th Circuit Reverses District Court's Grant of Summary Judgement in Sexual Harassment Case

August 16th, 2011
In Okoli v. City of Baltimore, John P. Stewart was the director of Baltimore’s Commission on Aging and Retirement (“CARE”) and served in the Mayor’s cabinet. In June 2004, Stewart hired Katrina Okoli, an Africa-American woman, to serve as his… Read More
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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, Fourth Circuit, Labor and Employment, Retaliation, Sexual Harassment

Fourth Circuit Supports Sex Harassment and Retaliation Claims

August 15th, 2011
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 dism… Read More
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Categories: Judicial Decisions
Tags: Appeals, Articles, Case Commentary, Discrimination, Fourth Circuit, Labor and Employment, Retaliation, Sexual Harassment, Title VII

Patterson Harkavy Prevails in Workers' Comp Case In Court of Appeals

June 8th, 2011
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 Com… Read More
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Categories: Judicial Decisions, News of the Firm
Tags: Appeals, Case Commentary, Industrial Commission, Injury by Accident, Narendra Ghosh, NC Court of Appeals, Pre-existing condition, Results, Workers' Compensation

Supreme Court Expands Wage and Hour Retaliation Claims

March 28th, 2011
The Supreme Court of the United States ruled in favor of an employee last week in Kasten V. Saint-Gobain Performance Plastics Corp, which involves a retaliation claim based on verbal complaints of wage and hour violations. The plaintiff, an employee… Read More
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Categories: Judicial Decisions
Tags: Case Commentary, FLSA, Jonathan Harkavy, Labor and Employment, Retaliation, US Supreme Court, Wage and Hour

Supreme Court Issues Important Decision in Discrimination Case

March 3rd, 2011
In Staub v. Proctor Hospital, the US Supreme Court just issued an important unanimous decision in this military-service-based discrimination case. This case concerns the so-called “cat’s paw” theory of liability, under which one sup… Read More
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Categories: Judicial Decisions
Tags: Case Commentary, Cat's Paw, Discrimination, Labor and Employment, Military Discrimination, Race Discrimination, Sex Discrimination, Title VII, US Supreme Court, USERRA
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