About the author
Eric A. Welter is an employment lawyer and litigator with the Welter Law Firm, P.C. in Herndon, Virginia. He is licensed to practice law in Virginia, Maryland, Washington D.C., Texas and California.
The Welter Law Firm represents and advises employers on all aspects of the employment relationship and represents businesses in commercial and franchise litigation. The firm’s offices are located in Northern Virginia; Los Angeles, California; and Austin, Texas.
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Category Archives: 4th Circuit
In an unpublished decision, the U.S. Court of Appeals for the Fourth Circuit determined that restrictive covenants do not necessarily apply to former franchisees who choose not to renew the franchise agreement.
In a recent memorandum opinion, the Eastern District of Virginia found that plaintiffs raising retaliation claims under the Sarbanes-Oxley Act (“SOX”) are entitled to front pay, provided they present enough data to calculate a reasonably certain front pay award. This … Continue reading
Attorneys’ fee awards are often a significant factor in employment litigation. If an employee-plaintiff prevails after trial, she is entitled to recover her attorneys’ fees and court costs as part of the judgment against the employer. The U.S. Court of Appeals … Continue reading
On June 21, 2012, the United States Court of Appeals for the Fourth Circuit upheld a record $1.7 million verdict in favor of a shipping company’s employee for malicious prosecution. More after the break.
On March 22, 2012, the U.S. Court of Appeals for the Fourth Circuit found an employment contract calling for the company to pay a $100,000 annual benefit to a deceased employee’s surviving spouse to be ambiguous. The court vacated the … Continue reading
In Merritt v. Old Dominion Freight Line, Inc., the U.S. Court of Appeals for the Fourth Circuit held that the plaintiff had produced sufficient evidence of discriminatory intent to create a genuine issue of material fact, precluding summary judgment for … Continue reading
In Worldwide Network Services, LLC v. DynCorp International, LLC, the Fourth Circuit reversed a $10 million punitive damages award in favor of the plaintiff on the grounds that there was no evidence that the defendant acted with the knowledge that … Continue reading
In King v. McMillan, the Fourth Circuit held that the Supremacy Clause does not allow state law to override a Title VII claim brought against an individual in his official capacity. More after the break.
In Stone v. Instrumentation Laboratory Co., a case of first impression, the Fourth Circuit addressed the issue of whether a Sarbanes-Oxley (“SOX”) whistleblower claimant has the right to a de novo review by a district court while the claim is … Continue reading
In an unpublished opinion (Wesley v. Arlington County), the Fourth Circuit reversed the district court’s grant of summary judgment for the employer in a failure to promote case brought by a firefighter. More after the break.
In a recent unpublished opinion (Harman v. Unisys Corp.), the Fourth Circuit reversed the district court’s dismissal of an employee’s retaliation claims against her employer. The plaintiff, Kathryn Harman, brought suit against Unisys Corporation and several employees, alleging gender, age, and … Continue reading
In US ex rel Elms v. Accenture LLP, the U.S. Court of Appeals for the Fourth Circuit reversed the dismissal of a retaliation claim under the Federal False Claims Act (“FCA”), 31 U.S.C. §§ 3729-3733. Plaintiff Peter Elms had appealed … Continue reading
In Ladd v. Research Triangle Inst., the Fourth Circuit addressed the borrowed servant doctrine under the Longshore and Harbor Workers’ Compensation Act (LHCWA). More after the break.
In Anthony v. Ward, the Fourth Circuit affirmed a jury award of $510,000 to plaintiff Calvin Anthony, former warden of Lee Correctional Institution in South Carolina. The judgment by the federal district court found defendants Robert Ward and Charles Sheppard, … Continue reading
In Fields v. Prater, the Fourth Circuit Court of Appeals reversed a district court decision by concluding that plaintiff Tammy Fields was wrongfully denied a position as the local director of a county department of social services based on her … Continue reading