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Case Commentary

February 18, 2010 By nicole

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 jury awarded her compensatory and punitive damages on her claims of battery and sexual harassment under Title […]

Filed Under: In the News Tagged With: Battery, Case Commentary, Discrimination, Fourth Circuit, Punitive Damages, Sexual Harassment, Title VII

February 11, 2010 By nicole

NC Court of Appeals’ latest decisions on workers’ compensation and personal injuries

Last week, the North Carolina Court of Appeals published four opinions in workers’ compensation and personal injury cases. In Berardi v. Craven County Schools, the Court considered and described the Industrial Commission’s new process for expedited medical motions, which speed up resolution of medical treatment disputes in workers’ compensation cases. At issue was whether the employer […]

Filed Under: In the News, Personal Injury, Workers' Compensation Tagged With: Appeals, Bicycle Accidents, Car Accident, Case Commentary, Clinchers, Disability Benefits, Governmental Immunity, Industrial Commission, Medical Motions, Negligence

January 25, 2010 By nicole

Recent NC COA workers’ compensation decisions

The North Carolina Court of Appeals recently issued several workers’ compensation opinions, though they were all unpublished and did not break any new ground. In Pope v. Johns Manville, the Court upheld the Industrial Commission’s decision that the plaintiff had developed asbestosis from asbestos exposure during the 50’s and 60’s, that the testimony of plaintiff’s rebuttal […]

Filed Under: In the News, Workers' Compensation Tagged With: Asbestosis, Attendant Care, Case Commentary, Change of Condition, Industrial Commission, Life Care Plan, NC Court of Appeals

January 17, 2010 By nicole

Recent Fourth Circuit labor and employment decisions

The Fourth Circuit has published opinions in three labor and employment cases in recent weeks. The first case, Sepulveda v. Allen Family Foods, Inc., concerned a Fair Labor Standards Act (FLSA) collective action that was brought on behalf of a class of current and former employees of a chicken processing plant. The employees claimed, among other things, […]

Filed Under: In the News, Work Injury, Workers' Compensation Tagged With: Case Commentary, Collective Action, Concerted Activity, FLSA, Fourth Circuit, NLRB, Retaliation, Sarbanes-Oxley Act, Union, Wage and Hour

January 3, 2010 By nicole

Latest Court of Appeals opinion on workers’ compensation

Just a few days before Christmas, the Court of Appeals published another set of decisions. Barrett v. All Payment Services is workers’ comp case that deals with an injured stuntman. The plaintiff worked as a professional stuntman, and in 1993 he injured his back while performing a car jump stunt on the set of a television series […]

Filed Under: In the News, Workers' Compensation Tagged With: Average Weekly Wage, Case Commentary, Disability, NC Court of Appeals

December 22, 2009 By nicole

Supreme Court affirms COA on employment at will case

In Franco v. Lipposcience, Inc., the North Carolina Supreme Court affirmed per curiam an NC Court of Appeals decision regarding employment at will. The COA had issued a split-decision earlier this year, with Judge Wynn writing for the majority and Judge Erwin dissenting. The plaintiff, who had been the VP of Marketing, was terminated and sought to […]

Filed Under: In the News Tagged With: Breach of Contract, Case Commentary, Employment At-Will, Employment Contract, NC Court of Appeals, NC Supreme Court

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300 Blackwell St. #101,
Durham, NC 27701

Phone: (919) 240-4054

Fax: (888) 412-0421

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1018 East Blvd. #6
Charlotte, NC 28203

Phone: (704) 200-2009

Fax : (888) 412-0421

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Workers Compensation | Bicycle Crashes | Personal Injury

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