By Joe Murray It’s our semi-regular roundup of appellate decisions: Dawson-Murdock v. National Counseling Group, Inc., No. 18-1989 (4th Cir. July 24, 2019) (ERISA): National Counseling Group (NCG) made a nifty argument to get this case dismissed at the district court level: Despite the summary plan document stating NCG was the plan administrator and a […]
By Sean F. Herrmann “Seeking justice often involves enduring tedium.” It’s fitting that North Carolina’s first substantive legal decision on eDiscovery begins with this pithy observation. Employment litigators often lament the virtual hellscape of discovering electronically stored information (“ESI”). But the era when paper was king is long dead, and the fight is now firmly […]
By Zack Anstett In a published opinion filed August 27, 2019, U.S. Circuit Court Judge A. Marvin Quattlebaum of the Fourth Circuit affirmed the District Court’s grant of summary judgment brought under Title VII. Judge Quattlebaum’s decision in Perkins v. International Paper Company is another feather in the defense attorney’s cap and illustrates the importance […]
By Tara Muller Heads up, North Carolina hospitals and doctors! On Wednesday, September 30, the North Carolina Supreme Court will hear oral argument in Hamlet v. Hernandez. The Court’s decision may have a significant impact on the way physicians work and negotiate with hospitals in North Carolina, and could have ripple effects extending to employment […]
By Joe Murray On Aug. 6, 2019, the 5th Circuit rocked the EEOC by permanently enjoining the use of the 2012 EEOC Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964 (“Conviction Guidance”) as binding in any respect. Texas v. EEOC, […]
By Sean F. Herrmann “Seeking justice often involves enduring tedium.” It’s fitting that North Carolina’s first substantive legal decision on eDiscovery begins with this pithy observation. Employment litigators often lament the virtual hellscape of discovering electronically stored information (“ESI”). But the era when paper was king is long dead, and the fight is now firmly […]
By Zachary Anstett In an order filed July 18, U.S. District Court Judge Louise Flanagan of the Eastern District of North Carolina refused to dismiss a lawsuit brought under the Americans with Disabilities Act for failure to make reasonable accommodations. Judge Flanagan’s decision in Murphy v. County of New Hanover illustrates how important it is for […]
By George J. “Jerry” Oliver In a June 14, 2019, decision, the National Labor Relations Board clarified whether an employer may limit non-employee union organizers from entering the employer’s private property. UPMC and SEIU, 368 NLRB No. 2. In doing so, the NLRB overruled a precedent held for nearly four decades that allowed non-employee union organizers to […]
By Jonathan Harkavy The Jackson Project By Phil Cohen The University of Tennessee Press, 2016 Phil Cohen’s memoir of his days as a union organizer at a troubled southern textile mill is a worthwhile read for any audience. The book’s subtitle, “War in the American Workplace,” is a pithy summary of the author’s main point […]
By Joe Murray It’s our semi-regular roundup of appellate decisions, with two non-appellate highlights at the end. McCaffery v. Chapman, No. 17-2198 (4th Cir. April 9, 2019) (1st Amendment): Why does anyone want to be a sheriff’s deputy? It seems to have all the negatives of being a government employee with even fewer benefits. McCaffrey […]