4th U.S. District Court of Appeals
Fourth Circuit Finds Gag Order Fails First Amendment Scrutiny
Those who watch Fourth Circuit opinions already know this, but the court recently released an opinion ordering the Eastern District of North Carolina to…
Fourth Circuit Reaffirms Scope of Retaliation Protections in Title VII Opinion
In the recent opinion Strothers v. City of Laurel, Maryland, 895 F.3d 317, (4th Cir. 2018), the Fourth Circuit gave further articulation to the type of facts…
Recent Fourth Circuit Decisions
The 4th U.S. District Court of Appeals has been relatively quiet as of late, at least with respect to employment law, but there are two fairly recent…
Recent Court Opinions
A roundup of notable labor and employment law opinions from the past several weeks: Schilling v. Schmidt Baking Co., No. 16-2213 (4th Cir. Nov. 17, 2017): Are…
4th Circuit: Alleged Sexist Remarks Insufficient To Support Employee’s Title VII Claims
A recent Fourth Circuit decision held that alleged statements from a supervisor that included, “We don’t want women working in the morning” and “I…
Fourth Circuit Provides Guidance On Return to Work Pursuant to FMLA
On May 16, 2017, the 4th Circuit issued an opinion in Waag v. Sotera Def. Solutions, Inc., 2017 U.S. App. LEXIS 8587, providing further guidance regarding an…
4th Circuit Jumps To Conclusion That Sham Affidavit Rule Applies To Unsworn Statements
Does a pre-litigation, unsworn statement constitute “testimony” sufficient to invoke the sham affidavit rule when a party subsequently testifies in an…
Fourth Circuit Announces New Standard Assessing Joint and Several Liability for Joint Employers
On January 25, 2017, the 4th Circuit U.S. Court of Appeals issued two game-changing companion decisions impacting the test for determining joint and several…