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In an unpublished decision, the U.S. Court of Appeals for the Fourth Circuit determined that restrictive covenants do not necessarily apply to former franchisees who choose not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

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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

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Texas Court Upholds Retaliation Verdict Three Years After Protected Activity

The Texas Fourth Court of Appeals affirmed a jury verdict finding that an employee who was terminated due to a job elimination was unlawfully retaliated against in SAWS v. Nicolas, 04-2012-0442, (Oct. 23, 2013).  The interesting fact is that the … Continue reading

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No Cause Of Action Against Prospective Employer For FLSA Retaliation

On August 12, 2011, the United States Court of Appeals for the Fourth Circuit concluded that a plaintiff has the right to sue only her current or former employer for retaliation under the Fair Labor Standards Act (“FLSA”) — not a … Continue reading

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Kissing, Fondling, Propositioning, Questioning and Describing (Sex) Add Up To A Sexual Harassment Trial

On August 8, 2011, the United States Court of Appeals for the Fourth Circuit reversed the District of Maryland’s grant of summary judgment for the City of Baltimore in a hostile work environment, quid pro quo sexual harassment, and retaliation … Continue reading

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Eastern District Rules on Attorneys’ Fees in FLSA Case

In Hanzlik v. Birach, Jr., et al., the Eastern District of Virginia granted the plaintiff’s attorneys’ fees petition, finding the amount of attorneys’ fees requested to be reasonable.  The opinion can be found here.  More after the break.

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4th Circuit Reverses Dismissal of Sexual Harassment Case

In EEOC v. Fairbrook Medical Clinic, the Fourth Circuit reversed the grant of summary judgment for the defendant on the plaintiff’s hostile work environment claim.   More after the break.

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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

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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

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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

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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.

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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

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4th Circuit Reverses Summary Judgment In Age Case

In an unpublished opinion, the Fourth Circuit reversed the district court’s grant of summary judgment for the defendant employer on a discrimination claim brought under the Age Discrimination in Employment Act (“ADEA”).  The case is Inman v. Klockner Pentaplast of … Continue reading

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4th Circuit Reverses Dismissal Of Race And Gender Harassment Suit

In a rare published opinion, the U.S. Court of Appeals for the Fourth Circuit reversed the pretrial dismissal of a race and sex harassment lawsuit on summary judgment.  The court’s opinion in EEOC v. Central Wholesalers, Inc. can be found … Continue reading

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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.

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