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
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
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
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.
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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
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In an unpublished opinion (Wesley v. Arlington County), the Fourth Circuit reversed the district court’s grant of summary judgment for the employer in a failure to promote case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.
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In a recent unpublished opinion (Harman v. Unisys Corp.), the Fourth Circuit reversed the district court’s dismissal of an employee’s retaliation claims against her employer.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
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
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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.
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
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
4th Circuit Decides Case on Finality of Federal EEOC Decisions
The Fourth Circuit’s decision in Cochran v. Holder addresses the issue of when a decision by the Equal Employment Opportunity Commission (EEOC) becomes “final” for the purposes of 42 U.S.C. § 2000e-16(c). The EEOC regulation allows federal employees to file … Continue reading
4th Circuit Reverses Stored Communications Act Verdict
On March 18, 2009 the U.S. Court of Appeals for the Fourth Circuit issued a published opinion in the case of Van Alstyne v. Electronic Scriptorium, Limited. The case involved claims under the Stored Communications Act, 18 USC § 2707(a) … Continue reading
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4th Circuit Remands ADEA Case For Discovery
In Ray vs. Amelia County Sheriff’s Office, the Fourth Circuit decided in an unpublished opinion dated December 9, 2008, that an ADEA claim should not have been dismissed on a 12(b)(6) Motion to Dismiss. A copy of the Court’s opinion … Continue reading
Reasonableness Not Required For Participation Retaliation Claim
In Cumbie vs. General Shale Brick, Inc., the Fourth Circuit decided in an unpublished opinion dated December 8, 2008 that the reasonableness standard does not apply to participation protected activity. A copy of the Court’s opinion is here. More after … Continue reading
4th Circuit Issues SOX Decision
In Platone vs. United States Department of Labor, the Fourth Circuit decided in a published opinion dated December 3, 2008, that a complainant must alert management to more than the fact that the company’s near term profits were effected by … Continue reading
