» Case Commentary

Fourth Circuit Decision on Labor Board Procedure

The Fourth Circuit published an opinion in National Labor Relations Board v. Interbake Foods concerning the proper procedure for the Board in evaluating claims of privilege. The Court held that the Labor Board can itself evaluate claims of privilege… Read More
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NC Supreme Court Sends Parking Lot Case Back to Commission

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… Read More
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Fourth Circuit Rules USERRA Retaliation Claim Can Go To Trial

In a recent unpublished opinion, Bunting v. Town of Ocean City, the Fourth Circuit partially overturned a grant of summary judgment and allowed the plaintiff to proceed to trial on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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Supreme Court Endorses Associational Retaliation Claim

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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NC Court of Appeals' Latest Decisions on Workers' Compensation

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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NC Court of Appeals Rejects Workers' Compensation Settlement Agreement

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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NC Court of Appeals Supports Employment Contract Claim

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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Recent Fourth Circuit Employment Decisions

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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COA Finds Employment Claims Barred by Union Agreement

In Williams v. American Eagle Airlines, the North Carolina Court of Appeals addressed the interplay between union contracts and employment claims. In this case, the plaintiff had been a part-time fleet service clerk for American Eagle, where she was… Read More
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Latest COA Decisions on Workers’ Compensation

The North Carolina Court of Appeals published two decisions on workers’ compensation this month. The first case, Kingston v. Lyon Construction, concerns workers’ compensation liens and third-party recoveries. The plaintiff was exposed to… Read More
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