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Fourth Circuit

May 19, 2013 By nicole

Greensboro man who left work to serve in reserves can’t sue to keep his job under USERRA

A man who left his city job to serve his country is not entitled to sue under the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA), according to a ruling by the United States Fourth Circuit Court of Appeals. Oakley Dean Baldwin, a municipal waste manager who served as a chief warrant officer […]

Filed Under: In the News Tagged With: Employment Rights, Fourth Circuit, USERRA, Veterans' Rights

February 14, 2011 By nicole

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In a recent unpublished opinion, Bunting v. Town of Ocean City, the Fourth Circuit partially overturned a grant of summary judgment and allowed the plaintiff to proceed to trial on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 protects armed service members from being discriminated in employment because of their service. Like other anti-discrimination […]

Filed Under: In the News Tagged With: Case Commentary, Discrimination, Fourth Circuit, Police, Retaliation, Summary Judgment, USERRA

December 23, 2010 By nicole

North Carolina judges Diaz and Eagles confirmed to federal bench

Ending two ridiculously long waits, the Senate has finally confirmed Charlotte Judge Albert Diaz to the Fourth Circuit Court of Appeals and Greensboro Judge Catherine Eagles to the Middle District of North Carolina. Both will be excellent judges, and their confirmations have been long overdue. Other North Carolina nominations are still pending though. Former Magistrate Judge Max […]

Filed Under: In the News Tagged With: Appeals, Fourth Circuit, Judge Albert Diaz, Judge Catherine Eagles, Judge Max Cogburn, Judiciary Committee, Middle District of North Carolina, North Carolina, Senate, Western District of North Carolina

August 14, 2010 By nicole

Judge Wynn confirmed to Fourth Circuit Court of Appeals

Judge Jim Wynn was finally confirmed to the Fourth Circuit Court of Appeals last week. Judge Wynn was first nominated for the court in 1999. His confirmation comes after months of being held up in the Senate by Republican obstruction after President Obama re-nominated him last year. (Republicans, however, are still holding up the confirmation of […]

Filed Under: In the News Tagged With: Fourth Circuit, Judge Diaz, Judge Wynn, NC Court of Appeals, North Carolina, President Obama, Senate

May 29, 2010 By nicole

Two employment decisions from the Supreme Court

On May 24, the Supreme Court issued two employment-related opinions.  The first, Lewis v. Chicago, concerned the filing deadline for disparate impact discrimination cases under Title VII. The black firefighter plaintiffs in the case sought to challenge a written test used for determining promotions. The question was whether their statute of limitations began running when the […]

Filed Under: In the News Tagged With: Attorney Fees, Case Commentary, Disparate Impact, ERISA, Fourth Circuit, Long-term Disability Benefits, Racial Discrimination, Statute of Limitations, Title VII, US Supreme Court

May 14, 2010 By nicole

Fourth Circuit rules for plaintiff in significant gender discrimination opinion

The Fourth Circuit Court of Appeals recently issued a ringing opinion for employees in Merritt v. Old Dominion Freight Lines, a gender discrimination case until Title VII. The Court’s discussion of gender discrimination, sex stereotyping, and a corporate culture of discrimination is excellent and will make very useful precedent. A long-ish discussion is therefore in order. As […]

Filed Under: In the News Tagged With: Case Commentary, Discrimination, Fourth Circuit, Gender, Greensboro, Pretext, Sex Stereotyping, Title VII, Trucking

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