» Case Commentary

United States Supreme Court High Season Begins

Although the Surpreme Court issues opinions throughout its term, many come out towards the back end of the term, which concludes in June. In the last couple of weeks, the Court has issued several decisions which touch on employment law: In Conkirght… Read More
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Latest NC Supreme Court Decisions on Medical Malpractice and Employment Law

The North Carolina Supreme Court issued its latest round of decisions on April 15. Two cases are worthy of note. In the first, Brown v. Kindred Nursing Centers East, the 4-3 majority ruled that a plaintiff’s medical malpracitce complaint had to… Read More
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Fourth Circuit Rules for Plaintiff in Sexual Harassment Case

In Whitten v. Fred’s, Inc., the Fourth Circuit issued an important ruling in a sexual harassment case. The Court concluded that the company-defendant could held liable for sexual harassment by its manager, even if the manager did not have the a… Read More
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NC Court of Appeals Supports Wrongful Discharge Claim

In Combs v. City Electric Supply Company, the Court of Appeals reversed the trial court in large part, concluding that the plaintiff had presented sufficient evidence to support a claim of wrongful discharge in violation of public policy and tortious… Read More
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NC Supreme Court Approves Industrial Commission's Transition Process

On Friday, in Baxter v. Danny Nicholson, Inc., the North Carolina Supreme Court upheld an Industrial Commission decision that defendants had attacked on the grounds that one of the Commissioners was not authorized to exercise his powers on the day of… Read More
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NC Court of Appeals' Latest Decisions on Workers' Compensation and Medical Malpractice

Earlier this month, the North Carolina Court of Appeals issued several notable decisions. In Soder v. Corvel Corp., the Court effectively reminded workers’ compensation litigants to timely file their appeals to the Industrial Commission. In thi… Read More
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DC Circuit Restricts Scope of Lilly Ledbetter Act

The federal D.C. Circuit Court of Appeals issued a decision last month, in Shuler v. PriceWaterhouseCoopers, sharply restricting the scope of the Lilly Ledbetter Fair Pay Act, which President Obama signed into law soon after entering office. The Fair… Read More
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NC Court of Appeals on Line Between Medical Malpractice and Ordinary Negligence

The North Carolina Court of Appeals issued an opinion on February 16, in Deal v. Frye Regional Medical Center, addressing the line between medical malpractice cases and ordinary negligence cases. There are special requirements on plaintiffs who file… Read More
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Fourth Circuit Affirms Sexual Harassment Verdict

In King v. McMillan, the Fourth Circuit affirmed a jury verdict and the court’s rulings in a sexual harassment case. The plaintiff, a former deputy in a sheriff’s office, had been sexually harassed by the sheriff over several years. A jur… Read More
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The 4th Circuit Court Held that an Inability to Work Overtime did Not Constitute a Substantial Limitation on a Major Life Activity Under ADA

In Boitnott v. Corning Inc., Michael Boitnott began work with Corning as a maintenance engineer in 1989. Like others at that facility, he worked rotating twelve hour shifts and alternated two weeks of day shifts with two weeks of night shifts. Boitno… Read More
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