Category Archives: 4th Circuit

4th Circuit Analyzes Franchise Non-Compete Agreement

In an unpublished decision, the U.S. Court of Appeals for the Fourth Circuit determined that restrictive covenants do not necessarily apply to former franchisees who choose not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.

Posted in 4th Circuit, Virginia | Tagged , | Leave a comment

SOX Claimants May Be Entitled To Front Pay

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

Posted in 4th Circuit, Retaliation | Tagged , | Leave a comment

Court Slashes Fee Award Where Plaintiff Achieved Minor Victory

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

Posted in 4th Circuit, Virginia | Tagged , | Leave a comment

Fourth Circuit Upholds Record Malicious Prosecution Award

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.

Posted in 4th Circuit | Leave a comment

Fourth Circuit Rules Employment Agreement Ambiguous

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

Posted in 4th Circuit | Leave a comment

4th Circuit Remands Discrimination Case For Trial

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

Posted in 4th Circuit | Tagged , , | Leave a comment

4th Circuit Reverses $10 Million Punitive Damage Verdict

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

Posted in 4th Circuit | Tagged , , | Leave a comment

4th Circuit Holds That State Law Does Not Override Title VII Claim

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.

Posted in 4th Circuit | Leave a comment

4th Circuit Allows De Novo Review Of SOX Appeal

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

Posted in 4th Circuit | Tagged , | Leave a comment

Fourth Circuit Reverses Summary Judgment In Failure To Promote Case

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.

Posted in 4th Circuit | Tagged , | Leave a comment

4th Circuit Reverses Dismissal of Retaliation Claims Based on Twombly

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

Posted in 4th Circuit | Tagged , , | Leave a comment

4th Circuit Reverses Dismissal of False Claims Act Retaliation Claim

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

Posted in 4th Circuit | Leave a comment

4th Circuit Issues Borrowed Servant Decision

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.

Posted in 4th Circuit | Tagged , | 1 Comment

4th Circuit Affirms Jury Award To Warden

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

Posted in 4th Circuit | Tagged | Leave a comment

4th Circuit Decides Public Employee First Amendment Case

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

Posted in 4th Circuit | Tagged , | Leave a comment